The ICC Prosecutor, Karim Khan, is in New York this week for the annual meeting of the General Assembly. He has met with a variety of leaders from states in the Global South, including the President of Timor Leste, the Prime Minister of Cook Islands, the Vice-President of Uganda, the Foreign Minister of Chile, and the President of Sierra Leone....
I had hoped not to write any more posts about the international vs. internationalized tribunal debate. I have written extensively on the topic already, and the prospects for an international tribunal grow dimmer with each passing day. Alas, Patryk Labuda's most recent entry on the topic at Just Security requires a response: although the arguments are the same unpersuasive ones...
In recent days, Brazil’s President Luiz Inácio “Lula” da Silva has generated much controversy by declaring that, should Russian President, Vladimir Putin, visit the G20 Meeting in Brazil in 2024, he would not be arrested, in defiance of the existing International Criminal Court’s (ICC) arrest warrant against him. Eventually, Lula backtracked, stating the arrest was not up to him, but Brazil’s judiciary. In so doing,...
[Nick Leddy is Head of Litigation at Legal Action Worldwide, and a former Trial Lawyer for the Office of the Prosecutor of the International Criminal Court, where he worked, inter alia, on the situation in Myanmar/Bangladesh] Six years ago, in August 2017, the Myanmar military began a deadly operation in Rakhine State targeting the Rohingya group. This “Clearance Operation” caused incredible...
Evropeyska Pravda is reporting that, although clearly not its first choice, Ukraine would be willing to accept an internationalized tribunal for the crime of aggression as long as it is based in another state's judicial system. Here are the relevant paragraphs, quoting the Deputy Head of the Office of the President: Ukraine decided on these concessions, Andriy Smirnov admitted for the...
[Barrie Sander (@Barrie_Sander) is Assistant Professor of International Justice at Leiden University – Faculty of Governance and Global Affairs] Reflecting on the narrative nature of law, James Boyd White famously observed how ‘[t]he text does not conclude the difficulties of the real world, but begins a process, a process of its own interpretation. This is the process by which the law is...
[Marina Veličković is a Lecturer at the University of Kent, UK. In her research she explores the role of international law in (re)producing structures of violence in post-conflict settings.] Everyone has a moment of sheer panic during their PhD journey (or a few moments if your anxiety levels are that of an average academic) when they come across the thesis/article/book that...
[Michelle Burgis-Kasthala is a Senior Lecturer in Public International Law, University of Edinburgh] It seems that history is repeating itself. Yet again Jenin refugee camp is under attack by Israel’s occupying forces. As in 2002 when the International Criminal Court (ICC) began sitting, the justification for this recent resort to lethal force centres on alleged Palestinian militant activity and the Palestinian...
[Alonso Gurmendi Dunkelberg is a Departmental Lecturer in International Relations at the University of Oxford, in association with Somerville College, as well as Visiting Professor at the University of Michigan, Ann Arbor.] Doing Justice to History is an amazing book and a fascinating read, particularly for those of us who, like me, enjoy studying the connections between international law and history. Barrie Sander has...
[Dr. Cheah W.L. is an Associate Professor at the Faculty of Law, National University of Singapore.] In his excellent and compelling monograph, Barrie Sander argues that the historical narratives captured in international criminal judgments amount to “forms of legitimation” by “recognizing and foregrounding particular aspects and perspectives of mass atrocity situations” while “marginalising and excluding others from view”. His book provides a detailed account of how international criminal...
[Kirsten J. Fisher is Associate Professor of Political Studies at the University of Saskatchewan, Canada.] Barrie Sander’s Doing Justice to History: Confronting the Past in International Criminal Courts is a significant piece of work on the way history is constructed through contestation in courtrooms and the judgements rendered from those proceedings. While there is much to say about this work, I will focus my thoughts on...
[Priya Pillai is an international lawyer, heads the Asia Justice Coalition secretariat and is a contributing editor at Opinio Juris.] She participated in the MLAT negotiations in Ljubljana, Slovenia on behalf of the Asia Justice Coalition. All views are personal. The negotiations over two weeks in Ljubljana, Slovenia in May this year for the Mutual Legal Assistance Treaty (MLAT) were eye-opening in...