International Courts
773 Articles
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…
Smart Justice in Sudan: For Bashir’s Crimes, Is the ICC Still the Best Route?
A remarkable transition is underway in Sudan. After months of protests, Omar Al Bashir’s autocratic regime finally collapsed this month. It is, of course, quite ironic that Bashir,…
Trump Endorses U.S. Citizen-Turned Libyan Warlord, Despite Video Evidence of Haftar’s Ordering War Crimes
"While American news networks were gripped by blanket coverage of the Mueller report on Friday, the White House released a statement describing a most unusual and supportive phone…
What is a War Crime?
A substantive approach to defining "war crimes" as serious violations of international humanitarian law could help bring a measure of justice in Syria and beyond.
The International Criminal Court Decision on Afghanistan: Time to Start a New Conversation
I did not anticipate waking up Friday morning to news that an International Criminal Court (ICC) Pre-Trial Chamber had rejected the Prosecutor’s request to authorize an investigation…