International Criminal Law

Appeals Chamber of the International Criminal Court (ICC) hearing to receive oral arguments in the appeals of victims and of the Prosecutor against Pre-Trial Chamber II's "Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in the Islamic Republic of Afghanistan". The Appeals Chamber in this appeal is composed of Judge Piotr Hofmański, Presiding judge, Judge Howard Morrison, Judge Luz del Carmen Ibáñez Carranza, Judge Solomy Balungi Bossa and Judge Kimberly Prost. December 4, 2019

The “Interests of Justice” at the ICC: A Continuing Mystery

David Luban explains how the ICC Appeals Chamber missed an opportunity to clarify what "interests of justice" the Prosecutor must consider in authorizing an investigation in the…

Mar. 17, 2020 David Luban

Int’l Criminal Court’s Afghanistan Decision Expands Prosecutor’s Power: What to Expect Next

The Appeals Chamber of the International Criminal Court (ICC) authorized a formal investigation into alleged crimes committed during the war in Afghanistan on Thursday, overturning…

Mar. 6, 2020 Randle DeFalco

An explosion caused by Russian airstrikes on the village of al-Bara in the southern part of Syria's northwestern province of Idlib on March 5, 2020.

National Security at the United Nations This Week (Feb. 29 to Mar. 6)

Editor’s Note: This is the latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security,…

Mar. 6, 2020 Randi Michel

Villagers of Akon, in the Bahr El Ghazal district of Southern Sudan, leave for their homes after receiving food from the World Food Programme 11 May, as a dust storm sweeps through.

National Security at the United Nations This Week (Feb 22-28)

Editor’s Note: This is the latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security,…

Feb. 28, 2020 Jared LeBrun

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.

Feb. 27, 2020 Jeremie Bracka

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…

Feb. 24, 2020 Adil Ahmad Haque

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…

Feb. 21, 2020 John Hursh

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.

Feb. 21, 2020 Randle DeFalco

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…

Feb. 20, 2020 Randle DeFalco

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…

Feb. 13, 2020 Randle DeFalco

Members of the 7th Armoured Brigade, who have recently returned from service on operations in Iraq, march through Parliament Square towards the Houses of Parliament on February 23, 2009 in London.

U.K. Proposes to Limit Accountability for Violations by Armed Forces

The British government is considering an unprecedented and comprehensive package of measures designed to shield both individual members of the Armed Forces and the Ministry of…

Jan. 30, 2020 Nadia O'Mara

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.

Jan. 23, 2020 Todd Buchwald