International Justice
1,079 Articles

Northeastern Syria: Complex Criminal Law in a Complicated Battlespace
Regardless of which countries try which members of ISIS, the international community needs to begin taking more decisive action if it is serious about bringing members of ISIS…

Suit Against Sri Lankan Presidential Candidate Rajapaksa Dismissed on Common Law Immunity Grounds
Among other deficiencies, the ruling failed to acknowledge jurisprudence from other courts indicating that jus cogens violations can never constitute “official” acts entitling…

Sri Lankan War Criminal Gotabaya Rajapaksa May Escape Accountability Yet Again, This Time by Running for President
Recent developments in a pair of human rights cases in U.S. federal court against former Sri Lankan Defense Minister and current presidential hopeful Gotabaya (“Gota”) Rajapakse…

On a President’s Orders: New Frontline Docs Look at Duterte and MBS
In the Philippines, President Rodrigo Duterte isn’t pulling the trigger every time a drug dealer or drug user is killed by the police. Similarly, when Saudi journalist Jamal…

What if a President Committed Genocide or Other Atrocity Crimes?
Ambassador David Scheffer writes: Whether or not the Justice Department opinions are correct about presidential immunity from indictment for ordinary crimes … Lawmakers should…

Why the ICC’s Judgment in the al-Bashir Case Wasn’t So Surprising
A look at why the Appeals Chamber of the International Criminal Court made the right decision when it decided Jordan should have arrested then-Sudanese President Omar al-Bashir…

Self-Defense in International Law: What Level of Evidence?
With the question of whether Iran's actions justify the use of force, the issue of evidence is once again at the forefront of international debate. So, how much evidence does a…

Tom Lantos Commission: Enhancing U.S. Ability to Pursue Accountability for Atrocities
I had the honor of testifying last week before the Tom Lantos Human Rights Commission at a hearing devoted to “Pursuing Accountability for Atrocities.” My written testimony…

Understanding the Decision to Revive the Sudanese Genocide Lawsuit Against BNP Paribas
The Second Circuit Court of Appeals recently ruled that a lawsuit brought by victims of genocide in Sudan against the French mega-bank can proceed.

ICC Prosecutor Signals Important Strategy Shift in New Policy Document
"The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, has released for comment a draft of her Strategic Plan for the final years of her mandate, 2019-2021.…

Somalia War Crimes Trial Starts Monday, as Another Survivor Seeks Justice
The third in a trio of federal cases brought by the San Francisco-based Center for Justice and Accountability (CJA) on behalf of victims and survivors of Siad Barre’s rule in…

Elisions and Omissions: Questioning the ICC’s Latest Bashir Immunity Ruling
A close analysis of the ICC Appeals Chamber's reasoning in the Bashir immunity case raises serious questions about its conclusions on the difference between national and international…