International Justice

Dozens of soldiers in camouflage fatigues arrive arrive at the airport in Wunstorf, northern Germany on August 27, 2021 at the end of a military evacuation operation to fly out German nationals, local workers and other people at risk from Kabul, Afghanistan. Several large military planes have landed where civilians are disembarking down the stairs from the aircraft.

Evacuating Nationals – A Noteworthy New Element of German Practice and Opinio Juris

The evacuation from Afghanistan may have helped set or solidify international legal rules on use of military force to rescue nationals - the German example.

Jan. 14, 2022 Claus Kress

Image: Left - MONROVIA, LIBERIA – AUGUST 6, 2003: Hundreds of shell casings litter the ground in Monrovia, Liberia, as negotiators try to reach a ceasefire in the country’s brutal civil war. (Chris Hondros/Getty Images) Right - Syrian defendant Anwar R., 57, arrives at court for an unprecedented trial on state-sponsored torture in Syria, on April 23, 2020 at court in Koblenz, western Germany. Prime suspect Anwar R., an alleged former colonel in Syrian state security, stands accused of carrying out crimes against humanity while in charge of the Al-Khatib detention centre in Damascus between April 29, 2011 and September 7, 2012. (Photo by Thomas Lohnes / various sources / AFP). EDITORS NOTE: According to court's ruling, the face of the defendant must be made unrecognizable

From Syria Torture Trial to Liberian Massacre Case – A Plea for Bolstering Witness Protections in Human Rights Litigation

Witness testimony was key in reaching today's conviction of a former Syrian intelligence official for crimes against humanity. But the testimony placed witnesses and victims at…

Jan. 13, 2022 Alyssa Yamamoto

A view of the entrance to the Court of Cassation (Cour de cassation), one of France's courts of last resort having jurisdiction over all matters triable, is pictured on March 21, 2017, on Ils de la Cite, an island in the River Sein in central Paris . (Photo by THOMAS SAMSON / AFP) (Photo credit should read THOMAS SAMSON/AFP via Getty Images)

France Is Not a Safe Haven for Human Rights Abusers – Despite High Court Opinion

The French high court struck a blow against universal jurisdiction recently - but the decision need not doom future cases.

Dec. 9, 2021 Roger Lu Phillips and Aweiss Al Dobouch

Syrian campaigner Wafa Mustafa sits among pictures of victims of the Syrian regime as she holds a photo of her father, during a protest outside a trial of two Syrian alleged former intelligence officers accused for crimes against humanity, in the first trial of its kind to emerge from the Syrian conflict, on June 4, 2020 in Koblenz, western Germany. Wafa was part of the resistance against the Syrian government and had to flee Syria when her father was arrested. She came to Germany in 2016. (Photo by THOMAS LOHNES/AFP via Getty Images)

Crimes Against Humanity: Little Progress on Treaty as UN Legal Committee Concludes its Work

Despite a majority of States favoring a clear mandate and timeline to discuss the draft in the next year, a few countries essentially exercised vetoes.

Dec. 7, 2021 Leila Nadya Sadat and Akila Radhakrishnan

WEST BANK - APRIL 21, 2003: View of the concrete separation wall between the Palestinian city of Tol Karem and Israel, April 21, 2003. (Photo by Shaul Schwarz/ Getty Images)

Preliminary but Necessary: The Question of the Applicability of the Notion of Apartheid to Occupied Territory

Does the prohibition of apartheid apply to occupied territory? Marco Longobardo analyzes how laws of war, human rights, occupation, and against racial discrimination intersect.…

Dec. 2, 2021 Marco Longobardo

Colombian President Ivan Duque (L) and International Criminal Court Prosecutor Karim Khan exchange signed agreements between the national government and the International Criminal Court at the Nariño presidential palace in Bogota, on October 28, 2021. (Photo by JUAN BARRETO/AFP via Getty Images)

Closure for Colombia, New Scrutiny for Venezuela: ICC Investigations in Latin America

Both decisions were controversial but also innovative, and created a new panorama in the region going forward.

Nov. 15, 2021 Naomi Roht-Arriaza

International Criminal Court Prosecutor Karim Khan listens to the President of the Special Peace Jurisdiction Eduardo Cifuentes during a press conference in Bogota, October 27, 2021.

Uncertain Future for the ICC’s Investigation into the CIA Torture Program

The ICC Office of the Prosecutor has "deprioritized" investigation of CIA torture in Afghanistan. But Julian Elderfield, a former attorney in the OTP, says the stated reasons for…

Nov. 12, 2021 Julian Elderfield

An Investigator holds a piece of evidence as he and others search for evidence inside the wreckage of a Police bus at the site of a bomb blast in Kabul, 17 June 2007.

What the Afghanistan Withdrawal Teaches Us About Safeguarding Human Rights Evidence

As the Taliban seized control, evidence of human rights abuses had to be destroyed, hidden, or risk capture. It didn't have to be this way.

Nov. 5, 2021 Mackenzie Austin

Sudanese anti-coup protesters carry the portrait of Prime Minister Abdalla Hamdok, ousted by the military, during a gathering in the capital Khartoum's twin city of Omdurman on October 30, 2021, to express their support for the country's democratic transition which a military takeover and deadly crackdown derailed.

Sudanese Send Clear `No’ to Military Coup. What Will Security Forces Do Next?

After mass nonviolent protests, look out for arrests of opponents, prison releases of Islamists, and actions by a key paramilitary unit.

Nov. 1, 2021 Rebecca Hamilton

ASEAN Has Failed on Myanmar. What’s Next?

ASEAN excluded the Myanmar junta from its summit this week - but remains reluctant to condemn the coup or provide robust help to the people of Myanmar. How should the rest of the…

Oct. 27, 2021 Daniel Sullivan

A view of the supreme court building in Victoria on March 5, 2012. A sign reads “The Judiciary: Supreme Court of Sychelles.” The building is characterized by white brick and dark wooden trimmings.

Amnesty & Accountability in Seychelles

The Seychelles' truth commission has the unusual power to grant - not just recommend - amnesties. What is their status in international law, and role in transitional justice?

Oct. 22, 2021 Justin Loveland

Colombian United Self Defense (AUC) right-wing paramilitary guerrillas stand in rows holding their hands over their hearts during the demobilization ceremony 10 December, 2004 at Camp Two base camp in Tibu, north of Santander, Colombia.

New Ruling Sheds Light on State-Paramilitary Cooperation in Colombia – and on the TVPA

A US court held that Colombian paramilitaries indisputably had a symbiotic relationship with the Colombian state and are therefore liable under the TVPA.

Oct. 15, 2021 Daniel McLaughlin