International Criminal Law
227 Articles
The “Interests of Justice” at the ICC: A Continuing Mystery
David Luban explains how the ICC Appeals Chamber missed an opportunity to clarify what "interests of justice" the Prosecutor must consider in authorizing an investigation in the…
No “State”-ing the Obvious for Palestine: Challenging the ICC Prosecutor on Territorial Jurisdiction
The judges have been tossed the hot statehood potato in a situation where neither the factual circumstances nor legal issues are sufficiently clear.
Senators Call for Prosecution of Gambian Paramilitary Fighter in US Custody
Rare opportunity to criminally prosecute a person implicated in extremely grave human rights abuses in a U.S. court.
U.S. Issues Travel Ban on Sri Lankan Military Leader
The U.S. State Department’s announcement of a travel ban on Sri Lankan Lieutenant General Shavendra Silva, current commander of the Sri Lankan Army and acting chief of the Defense…
Boochani’s Tribunal: Normalizing Human Degradation at Borders
A complaint to the ICC on Australia's detention practices highlights a very clear risk that this precedent represents an emerging global normalcy of human degradation when it comes…
Northeastern Syria: Complex Criminal Law in a Complicated Battlespace
Regardless of which countries try which members of ISIS, the international community needs to begin taking more decisive action if it is serious about bringing members of ISIS…
“Protecting Children”: A Welcome Addition to Efforts to Redress Wartime Harms
[This essay is the second in an online mini forum that Just Security is hosting on the new book, Protecting Children in Armed Conflict. Other participants in the mini forum include…
Bolton’s Remarks on the International Criminal Court
On Monday, National Security Adviser John Bolton appeared at the Federalist Society in Washington, D.C., and delivered his first major speech since joining the White House. His…
International Criminal Law Roundup: Part II
This is Part II of an international criminal law roundup focused on the ad hoc international and hybrid tribunals. Part I was dedicated to developments at the ICC. Part III will…
International Criminal Law Roundup Series: Part I
[UPDATED] To turn our lens to international criminal law for a moment, I recently attended the annual International Humanitarian Law Dialogs in Chautauqua, New York. This year’s…
Legal Limits on Military Assistance to Proxy Forces: Pathways for State and Official Responsibility
This article is the latest in our Fog of Law series that examines the gray zones in international law and conflict that can be exploited by states. The series comes in advance…
No Winners: How the Int’l Criminal Court Should Avoid Confronting the United States
ICC Prosecutor Fatou Bensouda presents at the Fifth Annual Blouin Creative Leadership Summit in New York in 2011. (Credit: Thos Robinson/Getty Images for The Louise Blouin Foundation)…