International Courts

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

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

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

A representative of the Rohingya group greets Gambian Justice Minister Abubacarr Tambadou at the meeting held at the International Court of Justice on January 23, 2020 in The Hague, Netherlands.

Behind Myanmar’s Military Alibi: A Path for Compliance with the ICJ’s Order to Protect Rohingya

It will be important to identify the pathways for Myanmar to comply within a governmental system that gives its military extensive autonomy, while not allowing it to hide behind…

Feb. 3, 2020 Grant Shubin and Akila Radhakrishnan

Rohingya refugees watch ICJ proceedings at a restaurant in a refugee camp on December 12, 2019 in Cox's Bazar, Bangladesh.

Myanmar’s Commission Report Delivers Genocide Denial Playbook

Ignoring such propaganda only risks undermining efforts to stop atrocities.

Jan. 31, 2020 Rebecca Hamilton

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

The judges of the Court of Justice during the session held at International Court Of Justice on January 23, 2020 in The Hague, Netherlands.

ICJ Orders Preliminary Relief in Myanmar Genocide Case

Only time will tell whether the provisional measures now issued are sufficient to prevent future genocide in Myanmar.

Jan. 28, 2020 Andrew Boyle

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