International Criminal Law

[Philip D. Cave is a retired U.S. Navy judge advocate, a Director of the National Institute of Military Justice (NIMJ), and a partner in Cave & Freeburg, LLP. Franklin D. Rosenblatt is a retired U.S. Army judge advocate, President of the NIMJ, and Associate Professor at Mississippi College School of Law. Giovanni Chiarini is a Lecturer at the University of Huddersfield, an...

[Mischa Gureghian Hall (X: @MischaGHall) is a Keck Research Fellow at the University of California, Los Angeles, researching international criminal justice and its intersections with international humanitarian and human rights law in conflict and post-conflict settings.] The author is grateful to Dr. Jared McBride for his assistance in the translation of Ukrainian documents. In an August 2023 essay, Russian-American journalist and activist Masha...

[Kyle Shen is a Visiting Assistant Professor at Occidental College, and studies international organizations’ roles in transitional justice and regime change. The author is grateful to Jeffrey Zerda for comments that greatly improved this blogpost. All errors remain his own.] Within the last two years, two situations under investigation by the ICC have seen the outbreak of major conflicts with allegations...

[Milena Sterio is the Charles R. Emrick Jr. - Calfee Halter & Griswold Professor of Law at Cleveland State University’s Cleveland-Marshall College of Law and Managing Director at the Public International Law & Policy Group.] On January 26, 2024, the International Court of Justice issued five provisional measures in the South Africa v. Israel case, brought by South Africa under the...

[Manuel J. Ventura is the Deputy Director of the Australian Defence Force Indo-Pacific Centre for Military Law, Defence Legal Division, Department of Defence of Australia and an Adjunct Fellow/Lecturer of international law at Western Sydney University.] The views expressed herein are those of the author alone and do not necessarily reflect the views of the Department of Defence of Australia, the...

[Otto Spijkers is Assistant Professor in the field of constitutional and administrative law at Erasmus School of Law, and lecturer of international and European law at Leiden University College, Faculty of Governance and Global Affairs of Leiden University.] You can find Part I of this post here. In this post, I explain why the Netherlands fails to comply with its “duty to...

[Otto Spijkers is Assistant Professor in the field of constitutional and administrative law at Erasmus School of Law, and lecturer of international and European law at Leiden University College, Faculty of Governance and Global Affairs of Leiden University.] The State of the Netherlands is not obliged to stop the supply of F35 fighter plane parts to Israel. This follows from a...

[I serve as Special Adviser to the ICC Prosecutor on War Crimes. This post is written solely in my academic capacity.] Introduction A few weeks ago, I wrote a long response to an Open Letter calling on the Assembly of States Parties to interfere in the Prosecutor's investigation into the situation in Palestine. Opinio Juris has now published a new attack on...

[Triestino Mariniello is Professor of Law at Liverpool John Moores University (UK). He is also Member of the Legal Team representing Gaza Victims before the ICC. This post is written in his personal academic capacity.] On 3 December 2023, the Prosecutor of the International Criminal Court (ICC) concluded his first mission to Israel and Palestine. In Israel, the Prosecutor met with survivors and...

[Chris McQuade is a Senior Teaching Fellow in Law at the University of Portsmouth. He holds a PhD in International Law from the University of Sussex and researches in the fields of public international law, international humanitarian law and international and domestic human rights law.] In response to the October 7 attack by Hamas, the Israeli army has engaged in an...

[Fatima Mehmood is a lecturer of Public International Law at Universal College Lahore, Pakistan] Is the contemporary prohibition against genocide mere rhetoric considering what we see today in the Gaza strip and beyond or is there some tangible weight to this prohibition which can be translated into effective action for accountability against Israel? How is the prohibition against genocide actionable or...

[Tim Fish Hodgson is a Senior Legal Adviser for the International Commission of Jurists, based in South Africa.] [Jonas Kakule Sindani is an Intern for the International Commission of Jurists, based in the Democratic Republic of Congo.] In a recent submission to the UN Special Rapporteur on the right to adequate housing and the UN Special Rapporteur on extreme poverty (the special rapporteurs), the International Commission...