International Courts

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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…
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…
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…
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…
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.
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…
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.
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.
Prosecutor Fatou Bensouda looks on before the start of the trial of former Ivory Coast president and former youth minister at the International Criminal Court of The Hague, on January 28, 2016.

International Criminal Court and the Question of Palestine’s Statehood: Part I

Ambassador (ret.) Todd F. Buchwald dissects the most vexing issues as to whether the International Criminal Court has jurisdiction to hear Palestine's case.
People protest at a Uyghur rally on February 5, 2019 in front of the US Mission to the United Nations, to encourage the State Department to fight for the freedom of the majority-Muslim Uighur population unjustly imprisoned in Chinese concentration camps. A child holds a sign reading, “Justice.”

The United States Finally Has a New War Crimes Ambassador

Considering the past, current, and threatened atrocities across the globe and the U.S. position on the ICC, Ambassador Morse Tan will have his hands full.
Exterior View of new International Criminal Court building in The Hague on July 30, 2016.

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…
US President Donald J. Trump and Prime Minister of Israel Benjamin Netanyahu shake hands in the Oval Office of the White House March 25, 2019 in Washington, DC.

Why the Settlements are a Problem for Benjamin Netanyahu

Despite the new U.S. position that West Bank settlements are not "per se" illegal, international accountability for Israeli settlement activity remains a real possibility.
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