International Humanitarian Law

[Kingsley Abbott is the International Commission of Jurists' Senior Legal Adviser for Global Redress and Accountability & Saman Zia-Zarifi is the Secretary General of the International Commission of Jurists. This is the first part of a two-part post.] Introduction The International Independent Investigative Mechanism for Syria and the Independent Investigative Mechanism for Myanmar are recent examples of States responding to situations where...

Luke Moffett is a senior law lecturer at Queen's University Belfast and Principal Investigator on the "Reparations, Responsibility and Victimhood in Transitional Societies” project.  Following the award of the Nobel Peace prize to Dr Denis Mukwege and Nadia Murad in December 2018, there is a substantial effort to capitalise on the publicity by pressing for an ‘International Reparation Initiative’ for victims of...

[Emma Irving is an Assistant Professor of Public International Law at the Grotius Centre for International Law, Leiden University and Nicholas Ortiz is a Research and Teaching Associate at the Kalshoven-Gieskes Forum on International Humanitarian Law.] On 18 March 2019, the UN Commission of Inquiry on the 2018 Protests in the Occupied Palestinian Territory (‘CoI’) published its detailed findings of its...

Last week, the excellent lawyers at The Guernica Group, led by my friend Toby Cadman, filed an Article 15 communication with the Office of the Prosecutor (OTP) arguing that the ICC should open an investigation into the deportation of civilians from Syria to Jordan. The communication itself is not public, so what we know of TGG's legal argument comes from their...

In a recent post at EJIL: Talk! on the India/Pakistan crisis, Mary Ellen O'Connell references a book chapter in which she suggests that Israel's 1976 raid on Entebbe was the first situation in which a state invoked the "unwilling or unable" doctrine as a jus ad bellum justification for self-defense: Christian Tams, Dire Tladi, and I will soon publish, Self-Defence Against Non-State...

The Philippines' withdrawal from the ICC becomes effective this Saturday, March 17. There are domestic legal proceedings underway that have the potential to nullify the withdrawal. But if the withdrawal goes forward, we are faced with an important question: what happens to the OTP's preliminary examination? This is, of course, Burundi redux. In that case, the OTP preserved its ability to...

Nearly 100 employees recently released an open letter to Microsoft demanding that the company cancel its nearly $500 million contract with the Army to develop an Integrated Visual Augmentation System (IVAS). I will let the employees explain why: The contract's stated objective is to "rapidly develop, test, and manufacture a single platform that Soldiers can use to Fight, Rehearse, and Train that...

As I was doing some research into the invasion of Cambodia by South Vietnamese and US forces in 1970, I came across two official government accounts of the invasion -- one by the US, the other by Australia, one of the six countries that sent ground troops to Vietnam. They tell a rather different story...

At Lawfire, my friend Charlie Dunlap has a long post arguing that the mission to kill Osama bin Laden was consistent with both the jus ad bellum and the jus in bello -- a response to a recent Stephen Carter op-ed that raises questions about the mission. I agree with much of what Charlie says, particularly about the jus in bello...

[Nicolás Carrillo-Santarelli is a Colombian lawyer, PhD on international law and international relations. He works as a researcher and lecturer of Public International Law at the La Sabana University, Colombia. This is Part II of a two-part post. Part I can be found here.] The extradition debate Even though there has been a non-international armed conflict in Colombia, under domestic law members of...

[Nicolás Carrillo-Santarelli is a Colombian lawyer, PhD on international law and international relations. He works as a researcher and lecturer of Public International Law at the La Sabana University, Colombia. This is Part I of a two-part post.] Introduction  In terms of international law, the region of the Americas is going through what the so-called ‘Chinese curse’ would label as interesting times -as...

[Danielle Hites is the Staff Attorney at the Global Justice Center, an international human rights organization dedicated to advancing gender equality through the rule of law.] Despite the international community’s recognition that crimes against humanity are among the most serious crimes, there is no codified crimes against humanity treaty. The International Law Commission has undertaken the task of drafting one. Currently crimes against...