International Criminal Law

[Dr. Marta Bo is an Associate Senior Researcher on emerging military technologies at Stockholm International Peace Research Institute (SIPRI), Researcher in Public International Law at the University of Amsterdam- Asser Institute and Research Fellow at the Geneva Graduate Institute.] To hold an individual criminally responsible for committing an unlawful attack, it must be established that they launched the attack with some...

[Fajri Matahati Muhammadin is an assistant professor at the Department of International Law, Faculty of Law, Universitas Gadjah Mada, Indonesia, and Director of Pusat Kajian Hukum Internasional Islam (Research Center for Islamic International Law).] Al-Mahdi: An Overlooked Question Before being brought to the ICC, Al-Mahdi made Islamic justifications for attacking shrines and a mosque (after actually previously being against it). His Al-Qaeda...

The Sixth Committee of the United Nations adopted resolution A/C.6/77/L.4 on the Draft Convention on Prevention and Punishment of Crimes against Humanity on 18 November 2022. This draft convention was elaborated upon and adopted by the International Law Commission, and submitted by the ILC to the General Assembly for further consideration and action in 2019.  The resolution at the Sixth Committee was co-sponsored...

[Sandra Cossart is the Executive Director of the French NGO Sherpa which fights new forms of impunity linked to globalization. Anna Kiefer is Advocacy and Litigation Officer at Sherpa. Cannelle Lavite is Co-Director of the Business and Human Rights program at the European Centre for Constitutional and Human Rights (ECCHR). Claire Tixeire is a Senior Legal Advisor at the ECCHR.] “Knowingly paying several million dollars to an...

[Dr Jonathan Kolieb is Senior Lecturer and Peace and Conflict Theme Lead, Business and Human Rights Centre, at RMIT University in Australia. Ann Letch is a PhD Candidate at RMIT University, Australia.] Another chapter in the pursuit of accountability for business people for committing heinous human rights abuses is (finally) unfolding in The Hague, Netherlands over the coming weeks. After 26...

Via its Minister for the Environment, the Belgian government has announced that it intends to incorporate the crime of ecocide into its Penal Code: A concept now recognized in the national penal codes of 10 countries (Georgia, Armenia, Ukraine, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Vietnam and France), the crime of ecocide refers to all illegal actions that lead to the...

[Stephen A. Lamony is an International Lawyer writing from Gulu City, northern Uganda.] Introduction On May 6, 2021, Trial Chamber IX of the International Criminal Court (ICC) sentenced Dominic Ongwen to 25 years of imprisonment for murder, rape, and sexual enslavement. On the same day, the Chamber issued an order for submissions on reparations stating that the "reparations phase of the proceedings should...

[Fiona Nelson is Acting Executive Director at the Australian Centre for International Justice. Kobra Moradi is a lawyer at the Australian Centre for International Justice.] November 2020 saw the publication of a redacted version of the Afghanistan Inquiry Report by the Inspector-General of the Australian Defence Force. The Inquiry was set up in 2016 to investigate potential war crimes and other serious...

On Tuesday, the Office of the President of Ukraine issued a press release concerning plans for creating a Special Tribunal for Russian Aggression. Most of the information in the press release was boilerplate, reaffirming the need for such a tribunal and expressing hope that the international community will get behind one. One comment, however, set off my lawdar: As noted at...

The Extraordinary Chambers in the Courts of Cambodia (ECCC) was created by the Cambodian government in partnership with the United Nations. Its purpose was to prosecute crimes under international and Cambodian law committed between 1975 and 1979, when Cambodia was ruled by the Communist Party of Kampuchea (CPK), better known as the ‘Khmer Rouge’. On 22 September 2022, the ECCC’s...

The Extraordinary Chambers in the Courts of Cambodia (ECCC) was created by the Cambodian government in partnership with the United Nations. Its purpose was to prosecute crimes under international and Cambodian law committed between 1975 and 1979, when Cambodia was ruled by the Communist Party of Kampuchea (CPK), better known as the ‘Khmer Rouge’. On 22 September 2022, the ECCC’s...