International Law
International Criminal Law
765 Articles
De Facto and De Jure Non-International Armed Conflicts: Is It Time to Topple Tadić?
When does violence between a state and non-state actor constitute an armed conflict and thus trigger the system of legal rules that apply in non-international armed conflict (NIAC)?…
If Burundi Leaves the Int’l Criminal Court, Can the Court Still Investigate Past Crimes There?
Last week, Burundi President Pierre Nkurunziza’s office announced that his country had begun taking steps to leave the International Criminal Court, of which it has been a member…
Why French President’s Threat of War Crimes Prosecutions against Russia, Syria Rings Hollow—But Needn’t
CNN is reporting that Russian President Vladimir Putin has canceled a visit to France next week following French President Francois Hollande’s statement that he would tell Putin…
It is Time for the ICC to open a Preliminary Examination in the Philippines
The appalling announcement of President Rodrigo Duterte of the Philippines that he would like “to slaughter” three million drug addicts in his country, much as “Hitler massacred…
Just Security’s Questions for Clinton and Trump
Given the importance of tonight’s prime-time debate between US presidential candidates Hillary Clinton and Donald Trump, we’re again running our list of vital national…
Trump’s Calls to Pillage Iraqi Oil
In his appearance with Secretary Clinton at NBC’s Commander-in-Chief Forum earlier this month, Donald Trump called for actions that amount to a war crime. Addressing US policies…
How the Risk of an Int’l Criminal Court Investigation Should Affect Military Targeting Practices
The International Criminal Court currently has jurisdiction over the territory and nationals of 124 States Parties to the Court, plus Darfur and Libya, where jurisdiction was conferred…
Does the Int’l Criminal Court Have Jurisdiction over Alleged War Crimes by Saudi-Led Coalition in Yemen?
Does the International Criminal Court have jurisdiction over potential war crimes allegedly committed by the Saudi-led coalition in its battle against the Houthi rebels in Yemen?…
Does the Int’l Criminal Court Have Jurisdiction Over U.S. Forces in Libya?
Recent US airstrikes against ISIL targets in Libya raise an intriguing question: does the International Criminal Court (ICC) have jurisdiction to investigate and prosecute US actions…
The Law of Aiding and Abetting (Alleged) War Crimes: How to Assess US and UK Support for Saudi Strikes in Yemen
US and UK support for Saudi-led military operations in Yemen have received significant attention recently due to reports of strikes that damaged or destroyed hospitals, schools,…
Explainer: What Mental State is Required to Commit a War Crime?
What exactly is the definition of war crimes under international law or, more precisely, what mental state is required to commit such an offence? The synopsis below provides an…
Evaluating Proportionality and Long-Term Civilian Harm under the Laws of War
As noted by Alex Whiting in his piece last week, the law of armed conflict, or international humanitarian law (IHL), contains broad principles and prohibitions that are applied…