ICC Appeals Chamber
13 Articles

There is No Immunity for the International Criminal Court to Respect
The International Criminal Court (ICC)’s caselaw on immunity is entirely consistent with international law.

Time to Revisit the ICC’s Position on Head-of-State Immunity?
With major powers increasingly skeptical of international institutions, strengthening the Court's legal coherence is necessary for preserving its legitimacy

The ICC’s Use of Evidence Obtained by Torture Sets a Dangerous Precedent
The Court’s recent conviction of Al Hassan undermines the connective tissue binding criminal law to human rights standards.

Uncertain Future for the ICC’s Investigation into the CIA Torture Program
The ICC Office of the Prosecutor has "deprioritized" investigation of CIA torture in Afghanistan. But Julian Elderfield, a former attorney in the OTP, says the stated reasons for…

The International Criminal Court and Afghanistan
Here's how the ICC can advance justice in Afghanistan despite the Taliban takeover.

Part III: What Kinds of Situations and Cases Should the ICC Pursue? The Independent Expert Review of the ICC and the Question of Aperture
The third and final part of this series examines two additional factors that have widened the ICC's aperture, cautions that narrowing the Court's aperture may not always be desirable,…

Part II: What Kinds of Situations and Cases Should the ICC Pursue? The Independent Expert Review of the ICC and the Question of Aperture
What does it mean in practice for the ICC to be a court of last resort? How should the Office of the Prosecutor assess whether there have been genuine national efforts at accountability,…

Part I: What Kinds of Situations and Cases Should the ICC Pursue? The Independent Expert Review of the ICC and the Question of Aperture
This is the first of a three-part series regarding the ICC’s Independent Expert Review, the crossroads at which the ICC finds itself, and issues that lie ahead for the Court

Can the International Criminal Court Hold the Trump Administration in Contempt?
On June 11, President Donald Trump issued an executive order authorizing the imposition of sanctions targeting International Criminal Court officials. This article assesses the…

Pompeo’s Personal Stake in the International Criminal Court’s Afghan Investigation
It is no secret that the Trump administration, in general, and Secretary of State Mike Pompeo, specifically, are hostile toward the International Criminal Court (ICC), particularly…

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…

ICC Holds Historic Hearing on U.S. Torture and Other Grave Crimes in Afghanistan
While “high crimes and misdemeanors” dominated the news cycle in Washington this month, the focus in The Hague was on grave crimes and mistreatment. Just days before the International…