Use of Force

[Fabricio Guariglia is Director of Prosecutions, Office of the Prosecutor, International Criminal Court. The opinions in this article are solely the author’s and should not be attributed to the Office of the Prosecutor or the International Criminal Court.] As we move further into the uncertain, our offices turned virtual, our children at home, our social habits transformed, our concerns for ourselves and others guiding our daily routines,...

[Jennifer Trahan is a Professor at the NYU Center for Global Affairs.] On March 5, 2020, the International Criminal Court’s Appeals Chamber issued an extremely significant ruling authorizing the opening of the Afghanistan investigation.  The decision is important in that it confirms the Prosecutor’s discretion in evaluating whether or not to proceed “in the interests of justice” under Article 53(1)(c) of the Rome Statute, thereby allowing the Afghanistan...

[Dr. Leonie Steinl, LL.M. is a post-doctoral researcher at Hamburg University, where she works in a DFG-project on "Strategic Litigation Networks and Accountability for Gross Violations of Human Rights". Dr. Wenke Brückner currently works as a lawyer in Berlin, specializing in German and international criminal law. Both authors have previously worked on different aspects of the case of Hanan v. Germany for...

Most readers will be familiar with the Caroline Affair. A group of Canadian rebels seized an American vessel and used it to transport ammunitions from the US to Canada. British forces raided the ship, burned it, killed two men, and sent its wreckage over the Niagara Falls. The incident gave rise to perhaps one of the most frequently quoted maxims in the law of use...

[ Luigi Daniele is Lecturer in Law at Nottingham Trent University, where he leads the undergraduate and postgraduate modules in International Humanitarian Law.] For more than a decade international lawyers have been debating Israel’s claim against the jurisdiction of the International Criminal Court (ICC) over the situation in Palestine, notoriously based on the argument that no Palestine State exists since ‘the Palestinian Authority lacks effective control over the...

[Katherine Gallagher is a Senior Staff Attorney at the Center for Constitutional Rights in New York, where she focuses on holding individuals and corporations accountable for egregious human rights and international law violations. @katherga1. The views expressed in this post are made in my personal capacity and do not necessarily reflect the views of any organization I am currently or formerly associated with, nor the views...

[Jeff Handmaker teaches law, human rights and development and conducts research on legal mobilisation at the International Institute of Social Studies of Erasmus University in the Netherlands and is a senior research fellow in the School of Law, University of the Witwatersrand, South Africa. Alaa Tartir is a Research Associate at Graduate Institute of International and Development Studies (IHEID) in Geneva, Switzerland and is a Program Advisor to Al-Shabaka:...

[John Quigley is Professor Emeritus at the Moritz College of Law, The Ohio State University.] In her Request to the Pre-Trial Chamber for a ruling on territorial jurisdiction, the Prosecutor raises the issue of Palestine’s statehood as a matter to be determined by the Pre-Trial Chamber. She writes, persuasively, that Palestine is a state. The matter was conclusively determined already by...

[Alice Panepinto is a lecturer in law at Queen’s University Belfast, where she researches and teaches human rights, international law and contemporary issues in property law.] In determining its territorial jurisdiction in Palestine, the ICC is presented with a golden opportunity to revive the global reach of international criminal justice. When Pre-Trial Chamber I will rule on the question of whether “the "territory" over which the...

[Mark Kersten is the founder of the blog Justice in Conflict. He is a Senior Researcher at the Munk School of Global Affairs and Public Policy and a student at McGill University’s Faculty of Law.] You would think it was reason to celebrate: there is a distinct possibility of an international court investigating alleged international crimes in a region of the...

[Triestino Mariniello is Senior Lecturer in Law and Coordinator of the Research Unit in ‘International Justice and Human Rights’ at Edge Hill University, UK. Chantal Meloni is Associate Professor at the University of Milan, Italy where she teaches International Criminal Law and Senior Legal Adviser to the European Center for Constitutional and Human Rights, Germany.] This Symposium on ‘The Question of...