International Criminal Law

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Image: March 2, 2022. Representatives applaud as the United Nations General Assembly overwhelmingly adopt a resolution demanding that Russia immediately end its military operations in Ukraine. A total of 141 countries voted in favor of the resolution, which reaffirms Ukrainian sovereignty, independence, and territorial integrity. Photo credit: UN Photo/Loey Felipe

Aggression by P5 Security Council Members: Time for ICC Referrals by the General Assembly

In the face of unchecked aggression, amendments to the Rome Statute could grant the General Assembly the power to refer cases to the ICC.

Model Indictment for Crime of Aggression Against Ukraine: Prosecutor v. President Vladimir Putin

The indictment represents the type of document international war crimes prosecutors or national prosecutors could file before an international or national court.
Relatives of victims of the regime of former Gambia President Yahya Jammeh demonstrate in Banjul on April 17, 2018 demanding answers on the state of the investigation on the disappearance of their loved ones. They hold signs with photos of their loved ones and signs that read, "Feel our pains," No place for enforce disappearance in Gambia," and "Hear our cries."

From Truth to Justice in The Gambia

The Gambia can take another key step toward justice as the government considers how to implement recommendations from the truth and reconciliation commission.
Russian President Vladimir Putin chairs a meeting with members of the Security Council in Moscow on February 21, 2022. Putin sits behind a white office desk in a vast cavernous room with his Council members seated far from him on the opposite side of the room.

Механізми кримінального переслідування агресії Росії проти України

Створення трибуналу за підтримки резолюції Генеральної Асамблеї ООН поставило б його на найміцнішу…
Russian President Vladimir Putin chairs a meeting with members of the Security Council in Moscow on February 21, 2022. Putin sits behind a white office desk in a vast cavernous room with his Council members seated far from him on the opposite side of the room.

Mechanisms for Criminal Prosecution of Russia’s Aggression Against Ukraine

A deep expert analysis: who can be held criminally responsible, which forums have jurisdiction, whether immunity poses an obstacle, and questions of selectivity and resources.…
Men dressed in suits sit around a large table with stacks of documents in front of each of them. Iona Nikitchenko and Aron Trainin (center, center left) during deliberations at the London Conference, 1945.

Як Радянський Союз допоміг закріпити концепцію злочину агресивної війни

Якщо Путіну висунуть звинувачення і його судитимуть за розв'язання агресивної війни проти України,…
Men dressed in suits sit around a large table with stacks of documents in front of each of them. Iona Nikitchenko and Aron Trainin (center, center left) during deliberations at the London Conference, 1945.

How the Soviet Union Helped Establish the Crime of Aggressive War

Drawing from her book, historian Francine Hirsch explains in detail "the vital role that Russia, or more accurately the Soviet Union, played in establishing this postwar system…
United Nations Secretary General António Guterres in a suit speaks at a lectern that bears the United Nations symbol during a special session of the General Assembly at the United Nations headquarters on  28 February 2022

Варіанти реагування ООН на російську агресію: можливості та “підводні камені”

Колишній помічник Генерального секретаря окреслює хороші варіанти (розслідування військових злочинів/трибунал)…
United Nations Secretary General António Guterres in a suit speaks at a lectern that bears the United Nations symbol during a special session of the General Assembly at the United Nations headquarters on  28 February 2022

United Nations Response Options to Russia’s Aggression: Opportunities and Rabbit Holes

Former Assistant-Secretary-General outlines good options (war crimes investigation/tribunal) and dead ends (challenging Russia's UN seat).
The defendant, former Syrian intelligence officer Anwar Raslan, 58 years old, stands in a courtroom on his day to be sentenced. He has his covid protection mask off and wears a green jacket and cream colored jersey. He stands next to two individuals in dark blue suits.. In the front of the image is the back of a officer with the word "Justice" on a bulletproof vest.
Image: Left - MONROVIA, LIBERIA – AUGUST 6, 2003: Hundreds of shell casings litter the ground in Monrovia, Liberia, as negotiators try to reach a ceasefire in the country’s brutal civil war. (Chris Hondros/Getty Images) Right - Syrian defendant Anwar R., 57, arrives at court for an unprecedented trial on state-sponsored torture in Syria, on April 23, 2020 at court in Koblenz, western Germany. Prime suspect Anwar R., an alleged former colonel in Syrian state security, stands accused of carrying out crimes against humanity while in charge of the Al-Khatib detention centre in Damascus between April 29, 2011 and September 7, 2012. (Photo by Thomas Lohnes / various sources / AFP). EDITORS NOTE: According to court's ruling, the face of the defendant must be made unrecognizable 

From Syria Torture Trial to Liberian Massacre Case – A Plea for Bolstering Witness Protections in Human Rights Litigation

Witness testimony was key in reaching today's conviction of a former Syrian intelligence official for crimes against humanity. But the testimony placed witnesses and victims at…
International Criminal Court Prosecutor Karim Khan listens to the President of the Special Peace Jurisdiction Eduardo Cifuentes during a press conference in Bogota, October 27, 2021.

Uncertain Future for the ICC’s Investigation into the CIA Torture Program

The ICC Office of the Prosecutor has "deprioritized" investigation of CIA torture in Afghanistan. But Julian Elderfield, a former attorney in the OTP, says the stated reasons for…
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