International Criminal Law

"The theory of 'collective conferral' [of ICC jurisdiction] is supported by examining the situation of other international organizations and the practice of States."

When it comes to doing the right thing and pursuing the rule of law, the form a tribunal takes should not dictate its ability to function:

Whatever shape an aggression tribunal takes, we applaud the U.S. position which will likely create momentum to prosecute Russian aggression.

Use of the “overall control” test to attribute Wagner Group conduct to Russia is appealing, but considering the test’s application to other factual scenarios, there is some…

Praise but also a critique of the new U.S. position.

Many supporters of a STCoA argue for a two-tiered approach because a quick fix of the Court’s jurisdictional regime is unrealistic.

Will the ICC prosecutor's logic behind going “straight to the top” of the Kremlin with arrest warrants be borne out in practice? It would be a mistake simply to chart aspirations.…

Will the ICC prosecutor's logic behind going “straight to the top” of the Kremlin with arrest warrants be borne out in practice? It would be a mistake simply to chart aspirations.…

To discuss what the Putin arrest warrant means, we have Rebecca Hamilton, a former ICC lawyer and international criminal law expert.

The symbolic, diplomatic, and deterrent effects of a high-profile warrant are the ones to watch for in the coming weeks and months.

"Congress has now given the Biden administration the tools it needs – both legal and political -- [to provide US support to the ICC Prosecutor] and the ball is now in its court."

The ICC’s investigation may be the only viable effort to hold accountable certain senior Russian officials responsible for horrific atrocities in Ukraine. The only thing that…