International Courts
775 Articles
Ukraine v. Russia: Before the International Court of Justice
With all the news around President Donald Trump taking office, and the mass protests, controversial executive orders, and pending lawsuits that followed, it may have escaped notice…
Understanding Complicity: When the US Makes a “Substantial Contribution” to War Crimes Committed by Foreign Partners
With power comes responsibility. In their new duties, Trump administration officials will need to consider the legal hazards associated with supporting foreign military partners…
How the European Convention on Human Rights Limits Cooperation with the Trump Administration
On the campaign trail, Donald Trump repeatedly promised to keep the Guantanamo Bay detention facility open and to “load it up with some bad dudes.” He also pledged to bring…
Kreß & Barriga’s The Crime of Aggression: A Commentary
In a singular contribution to the theory and practice of international criminal law, Claus Kreß and Stefan Barriga have edited a massive, two volume, 1488 page, 53 chapter commentary…
A New Era of Mass Surveillance is Emerging Across Europe
The world was a different place when, in October 2015, the Court of Justice of the European Union (CJEU) struck down the “Safe Harbour” data-sharing agreement that allowed…
European Court of Justice Rules “General and Indiscriminate Retention” of Electronic Communications Forbidden by EU Law
The Court of Justice of the European Union ruled yesterday that “general and indiscriminate retention of all traffic and location data of all subscribers and registered users…
Press Freedom and Africa’s Regional Courts: A Positive Model for Transparency and Accountability
The last part of 2016 has not brought much positive news on justice and accountability across Africa. No less that three States — Burundi, South Africa and Gambia — announced…
Difficult Days Ahead for the Int’l Criminal Court
As the International Criminal Court (ICC) closes out a tumultuous year, it faces hard times ahead. Diminishing support for the Court specifically, and international disengagement…
Human Shields in International Humanitarian Law: A Guide to the Legal Framework
To assist our readers interested in the phenomenon of human shields, I’ve produced a compilation of the relevant legal framework (additions/suggestions welcome!) These rules…
Five Recommendations to Pacify Relations Between the ICC and Africa
Three African countries – South Africa, Burundi and Gambia — recently started the process to leave the Rome Statute, the treaty that established the International Criminal…
More Options for Africa under the Rome Statute
African delegations attending the ongoing annual meeting of the Assembly of States Parties of the International Criminal Court (ICC) in The Hague have been voicing serious concerns…
Letter to the Editor: Chatham House Report and Individual Criminal Liability of Gov’t Officials
To the Editor: The Chatham House paper on “Aiding and Assisting: Challenges in Armed Conflict and Counterterrorism,” (see, State Complicity in Other States’ Bad Acts—and…