International Justice

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Exterior View of the new International Criminal Court building in The Hague on July 30, 2016 in The Hague The Netherlands.

No “State”-ing the Obvious for Palestine: Challenging the ICC Prosecutor on Territorial Jurisdiction

The judges have been tossed the hot statehood potato in a situation where neither the factual circumstances nor legal issues are sufficiently clear.
Sudan's President Omar al-Bashir attends a meeting with his new 20-member cabinet as they take oath at the presidential palace in the capital on March 14, 2019.

Head of State Immunity is Too Important for the International Court of Justice

If the United Nations General Assembly, or another competent U.N. organ, simply requests an advisory opinion from the International Court of Justice, then its member States would…
Sudanese protesters wait at a train station in Khartoum to board a train to Atbara on December 19, 2019 to celebrate the one-year anniversary of their protest movement that brought down Omar al-Bashir last April after a thirty-year rule.

Sudan Takes Two Big Steps toward Normalizing Relations: USS Cole and Bashir

Sudan’s transitional government took two significant steps toward improving its international standing and normalizing relations with the United States by first agreeing for…
Demonstrators holds up placards and banners while demonstrating, asking for Yahya Jammeh, the former President of the Gambia, to be brought to justice, in Banjul on January 25, 2020. One of the signs says, "No Place for Enforced Disappearance in Gambia."

Senators Call for Prosecution of Gambian Paramilitary Fighter in US Custody

Rare opportunity to criminally prosecute a person implicated in extremely grave human rights abuses in a U.S. court.
Sri Lanka's President Gotabaya Rajapaksa (C) along with Army Commander Shavendra Silva (L) and Navy Chief Piyal De Silva stand to attention during Sri Lanka's 72nd Independence Day celebrations in Colombo on February 4, 2020.

U.S. Issues Travel Ban on Sri Lankan Military Leader

The U.S. State Department’s announcement of a travel ban on Sri Lankan Lieutenant General Shavendra Silva, current commander of the Sri Lankan Army and acting chief of the Defense…
Sudan's deposed military ruler Omar al-Bashir stands in a defendant's cage during the opening of his corruption trial in Khartoum on August 19, 2019.

Sudan Announces Intention to Have al-Bashir and Others “Appear” Before the ICC

Sudan's transitional government said al-Bashir and others indicted by the ICC for atrocities in Darfur must "appear" before the Court, but whether extraditions will occur remains…
A representative of the Rohingya group greets Gambian Justice Minister Abubacarr Tambadou at the meeting held at the International Court of Justice on January 23, 2020 in The Hague, Netherlands.

Behind Myanmar’s Military Alibi: A Path for Compliance with the ICJ’s Order to Protect Rohingya

It will be important to identify the pathways for Myanmar to comply within a governmental system that gives its military extensive autonomy, while not allowing it to hide behind…
Rohingya refugees watch ICJ proceedings at a restaurant in a refugee camp on December 12, 2019 in Cox's Bazar, Bangladesh.

Myanmar’s Commission Report Delivers Genocide Denial Playbook

Ignoring such propaganda only risks undermining efforts to stop atrocities.
Rescue teams work amidst debris after a Ukrainian plane carrying 176 passengers crashed near Imam Khomeini airport in the Iranian capital Tehran early in the morning on January 8, 2020, killing everyone on board.

Human Shielding (by Omission) in Iran

Iran violated its legal obligations to take passive precautions to protect civilians under its control, with the intent that those civilians shield military targets from attack.…
The judges of the Court of Justice during the session held at International Court Of Justice on January 23, 2020 in The Hague, Netherlands.

ICJ Orders Preliminary Relief in Myanmar Genocide Case

Only time will tell whether the provisional measures now issued are sufficient to prevent future genocide in Myanmar.
International Criminal Court (ICC) chief prosecutor Fatou Bensouda sits at the courtroom of the International Criminal Court (ICC) during the closing statements of the trial of former Congolese warlord Bosco Ntaganda in the Hague, the Netherlands, on August 28, 2018.

International Criminal Court and the Question of Palestine’s Statehood: Part II

Ambassador (ret.) Todd F. Buchwald dissects the most vexing issues as to whether the International Criminal Court has jurisdiction to hear Palestine's case.
Prosecutor Fatou Bensouda looks on before the start of the trial of former Ivory Coast president and former youth minister at the International Criminal Court of The Hague, on January 28, 2016.

International Criminal Court and the Question of Palestine’s Statehood: Part I

Ambassador (ret.) Todd F. Buchwald dissects the most vexing issues as to whether the International Criminal Court has jurisdiction to hear Palestine's case.
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