International Criminal Law

PassBlue published a very disturbing article yesterday about nominations for five vacant UN Special Rapporteur positions. According to the article, although the President of the Human Rights Council, South Korea's Choi Kyonglim, has endorsed four of the selection committee's five first choices, he has refused to endorse its first choice for Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Karim...

[Shehzad Charania was the Legal Adviser and Head of International Law at the British Embassy in The Hague between January 2013 and August 2016.  The views set out in this article are personal, and do not necessarily reflect the views of the British Embassy or the Foreign and Commonwealth Office.] Earlier this year, the King of the Netherlands opened the new...

I'm delighted to announce the publication of two new essays. The first is "The Use and Abuse of Analogy in IHL," which is a chapter in Jens's edited book for CUP, "Theoretical Boundaries of Armed Conflict and Human Rights." I'm very proud of the essay -- and all of the contributions to the book are excellent. The second publication is my article "Radical...

Did you hear the one about Judge de Gurmendi, the President of the ICC, taking bribes for from 2004 on to ensure Omar al-Bashir's indictment? The president of the International Criminal Court (ICC) is facing calls to resign after it emerged that she may have received financial rewards said to be in millions of dollars to ensure the indictment of Sudanese President...

[Dr. Joanna Nicholson is a Researcher at PluriCourts – Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order at the University of Oslo.] For a crime to amount to a crime against humanity, it must be shown to have been part of a bigger picture, namely part of a widespread or systematic attack against a civilian population....

[Jennifer Trahan is Associate Clinical Professor, at The Center for Global Affairs, NYU-SPS, and Chair of the American Branch of the International Law Association’s International Criminal Court Committee. The views expressed are those of the author.] A significant event happened quietly at the UN on June 27: Palestine deposited the thirtieth instrument of ratification of the International Criminal Court’s crime of...

I am delighted to announce that OUP has just published Mark Kersten's new book, Justice in Conflict: The Effects of the International Criminal Court's Interventions on Ending Wars and Building Peace. Here is the press's description: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court...

On behalf of Doughty Street Chambers, I want to publicise two Memorials -- one in the Hague and one in London -- that will be held in the next few weeks for John Jones QC, beloved friend and colleague, who tragically passed away in late April. Here is the information: In order to celebrate the life and many personal and professional...

Just when I thought I was beyond being genuinely horrified, Roving Bandit called my attention to a story in Der Spiegel that almost defies words: The ambassadors of the 28 European Union member states had agreed to secrecy. "Under no circumstances" should the public learn what was said at the talks that took place on March 23rd, the European Commission warned...

Nothing quite beats a good treatise. Until recently, however, students and scholars of international criminal law had few worthy choices -- the best for students being Cryer et al's An Introduction to International Criminal Law and Procedure and the best for scholars being Werle's Principles of International Criminal Law. Those books now have serious competition. Over the past few months, OUP has published two...

[Ekaterina Kopylova is a PhD candidate at MGIMO-University, Moscow, and a former Legal Assistant with the ICC Office of the Prosecutor on the Bemba, et. al case] A month ago the ICC Trial Chamber V(A) vacated without prejudice the charges of crimes against humanity against the sitting Kenyan Vice-President William Ruto. This case involved intense cross-parties allegations of witness tampering. Some...

I read with great interest Jens's excellent post about whether the US attack on the MSF hospital in Kunduz was a war crime. I agree with much of what he says, particularly about the complexity of that seemingly innocuous word "intent." But I am not completely convinced by his argument that reading intent in the Rome Statute to include mental states other than...