International Courts
753 Articles
“Fiat Justitia”: Implications of a Canadian Military Justice Decision for International Justice
A watershed ruling by Canada's Supreme Court sheds light on compliance of military justice systems with human rights norms.
EU Court of Justice Grapples with U.S. Surveillance in Schrems II
Earlier this month, the Court of Justice of the European Union heard argument in Schrems II, a case that could limit companies’ ability to transfer data into the United States…
Blocking or Aiding Asylum Seekers? The U.S.-Canada “Safe Third Country” Agreement and Examples from Europe
The Trump administration's new asylum regulation attempts an end run around the statutory requirements of an actual “Safe Third Country” agreement. Here's how such an agreement…
Why the ICC’s Judgment in the al-Bashir Case Wasn’t So Surprising
A look at why the Appeals Chamber of the International Criminal Court made the right decision when it decided Jordan should have arrested then-Sudanese President Omar al-Bashir…
The Malvinas as a Post-Bellum Case Study: From Decolonization to the Memory of the Departed
After the International Court of Justice's Chagos opinion, the right to self-determination remains contested. But Malvinas is also a model for post-bellum diplomacy. What does…
Remarks by Defense Dept General Counsel Paul C. Ney Jr. on the Law of War
The General Counsel of the U.S. Department of Defense, Hon. Paul C. Ney Jr., delivered the keynote address (full text below) at the Israel Defense Forces 3rd International Conference…
ICC Prosecutor Signals Important Strategy Shift in New Policy Document
"The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, has released for comment a draft of her Strategic Plan for the final years of her mandate, 2019-2021.…
Elisions and Omissions: Questioning the ICC’s Latest Bashir Immunity Ruling
A close analysis of the ICC Appeals Chamber's reasoning in the Bashir immunity case raises serious questions about its conclusions on the difference between national and international…
A Confusing ICC Appeals Judgment on Head-of-State Immunity
The outcome of the decision is not a surprise - but its implications for the immunity of senior officials of states that do not belong to the ICC, even beyond cases in which there…
Preview of the International Criminal Court Appeals Judgment on Al-Bashir and Head of State Immunity
Three weeks ago, the International Criminal Court (ICC) Appeals Chamber announced that on May 6 it would issue its judgment on whether President Omar Al-Bashir of Sudan was entitled…
After Bashir, Sudanese People Continue Fight for Democracy and Accountability
The African Union's three-month extension for Sudan's military to hand over to a civilian government might give the protesters time to plan for the country's future. But it also…
Deconstructing the Int’l Criminal Court’s Decision on Afghanistan
The decision of the International Criminal Court’s Pre-Trial Chamber II refusing to open an investigation into crimes committed in Afghanistan establishes a new Rome Statute…