International Courts
773 Articles
Immunity Before the African Court of Justice & Human & Peoples Rights—The Potential Outlier
As is clear from our prior coverage of the issue, the availability of jurisdictional or defensive immunities is ever-present in discussions of how to ensure accountability for…
European Court of Human Rights Rules on Amnesty and Double Jeopardy
On May 27th, the European Court of Human Rights ruled on one of the more contentious issues in the international criminal law and transitional justice sphere; namely whether political…
Title 18’s Blind Spot: Superior Responsibility
We have discussed at length the ability of the United States government to prosecute international crimes in terms of chargeable crimes and bases of jurisdiction. Ryan Goodman…
What is to be Gained from Pursuing Accountability Now in Syria?
Beth Van Schaack’s recent posts (see here, here, and here) on the proposed Syria hybrid tribunal prompted an astute response from Rianne Letschert: @BethVanSchaack @janethanderson…
A Mixed Chamber for Syria: An Idea Whose Time Has Come?
As we have discussed in a prior post and in the press, the international community must think creatively about how to build an accountability mechanism for Syria that does not—at…
Options for Accountability in Syria
The Security Council is poised today to vote on a resolution referring the situation in Syria to the International Criminal Court (ICC). This would be the third such referral following…
Backgrounder: Preliminary Examination into Abuses by United Kingdom Personnel in Iraq
As we reported earlier, the ICC Office of the Prosecutor has reopened the preliminary examination into crimes committed by United Kingdom personnel in Iraq from 2003-2008 during…
ICC Prosecutor Reopens Preliminary Examination of Alleged Crimes by UK Soldiers in Iraq
Today in a press release, the Office of the Prosecutor (OTP) of the ICC announced that ICC Prosecutor Fatou Bensouda has decided to reopen the preliminary investigation into alleged…
Assessing Serdar Mohammed through the Prism of Derogation and Detention
Last week the High Court of England and Wales, per Mr Justice Leggatt, delivered a comprehensive judgment in Serdar Mohammed v. Ministry of Defence [2014] EWHC 1369 (QB). The case…
Update: French Text Referring Syria to ICC Said to Replicate Standard Exemptions for US
In a post this morning, I discussed the language reported in the press of a draft Security Council resolution referring Syria to the International Criminal Court. The question…
How “Similar” is US Exemption on Draft UNSC Referral of Syria to the ICC?
[Editor’s Note: Check out Ryan’s updated post, “Update: French Text Referring Syria to ICC Said to Replicate Standard Exemptions for US.”] Yesterday I…
Draft UN Security Council Referral of Syria to the ICC—and US Exemptions
Colum Lynch reported yesterday at Foreign Policy that the Obama administration now supports France’s draft resolution to refer the situation in Syria to the International Criminal…