[Rana Moustafa Essawy is an Assistant Professor of Public International Law at Alexandria University (Egypt).] On the 26th of February, Israel submitted its report, as ordered by the International Court of Justice (ICJ), to demonstrate what measures it has adopted to comply with the Court’s order for provisional measures in the South Africa v. Israel case. To recap, the Court ordered...
[As stated on the Contributors page and in my full profile, I serve as Special Adviser to the ICC Prosecutor on War Crimes. This post is written in my personal academic capacity.] Introduction A group of scholars and practitioners have published an open letter to the Assembly of States Parties (ASP) expressing their "grave concern over the integrity of the Office of...
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...
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...
[Joris van de Riet is a PhD candidate in jurisprudence at Leiden Law School. He holds LLM degrees in Public International Law and in Jurisprudence and Philosophy of Law from Leiden University.] In my previous post for this blog on the question of Russia’s membership of the UN Security Council, I explained why the decision in 1991 to regard the Russian...
[Joris van de Riet is a PhD candidate in jurisprudence at Leiden Law School. He holds LLM degrees in Public International Law and in Jurisprudence and Philosophy of Law from Leiden University.] In a two-part post for this blog, Thomas Grant has argued that it is both possible and desirable to remove the Russian Federation from the UN Security Council (see...
Jennifer Trahan has a new post at Just Security entitled "Why a 'Hybrid' Ukrainian Tribunal on the Crime of Aggression Is Not the Answer." There are many problems with Trahan's post, but in this response I want to focus specifically on the most glaring one: namely, her claim that a hybrid tribunal would need to apply Ukraine's domestic crime of...
Support has been growing in recent weeks for creating a hybrid tribunal to address Russia's criminal act of aggression against Ukraine instead of an ad hoc Special Tribunal for the Crime of Aggression (STCoA). The German Minister of Foreign Affairs has endorsed a hybrid tribunal over an STCoA, as has the United Kingdom's Foreign Secretary. Even the US War Crimes...
1 February marks the second anniversary of the coup d’état in Myanmar. In the past year, the situation for the population has only become more fraught and difficult. The UN Office of the High Commissioner for Human Rights estimates that 2,890 individuals have been killed, likely an underestimation, 16,000 have been detained on spurious charges, scores have been tortured, many have been sentenced to death,...
Announcements ABILA - Crisis in Ukraine: International Law and Accountability: The ABILA ICC Committee is pleased to co-sponsor a virtual panel on Crisis in Ukraine: International Law and Accountability on Thursday, March 31 at 12:15-1:45 pm ET. Given the tragic outbreak of war in Ukraine and Russia’s flagrant violation of the UN Charter and ongoing commission of crimes, this panel will...
[Lorenzo Gasbarri is Research Fellow and Lecturer of Public International Law at Bocconi University.] On Wednesday 2 March, for the first time since the creation of the United Nations, the General Assembly “deplore[d] in the strongest terms the aggression” committed by a permanent member of the Security Council against another UN member. Certainly, permanent members have violated the prohibition of the...
In an excellent recent blog post at Just Security, Tom Dannenbaum identified four options for prosecuting Russia's unprovoked aggression against Ukraine: [T]he International Criminal Court, an ad hoc international tribunal (whether along the lines proposed at Chatham House or pursuant to a General Assembly resolution), a domestic court exercising territorial jurisdiction (in Russia, Belarus, or Ukraine), or a domestic court exercising...