International Criminal Law
236 Articles
State Dept. Office of Global Criminal Justice on the Chopping Block–Time to Save It
Word out of Washington is that the Trump Administration has started to restructure the State Department and particularly the Under-Secretariat for Civilian Security, Democracy…
What’s at Stake for US Officials if Their Use of Force is an Int’l Crime of Aggression?
In an article at Just Security last week, Michael Adams expressed surprise at the lack of attention on these and other pages to the possibility that the U.S. Tomahawk strikes on…
Important New Bipartisan Bill To Advance Accountability for International Crimes in Syria
Following on the heels of last week’s chemical weapon attack in Syria, Senators Marco Rubio (R-FL), Ben Cardin (D-MD), Jeanne Shaheen (D-NH), Bob Corker (R-TN), Bob Menendez…
U.S. Arms Sale to Saudis Spells Legal Trouble for State Department Officials
In December, the Obama administration suspended a large weapon sale to Saudi Arabia due to concerns about widespread civilian casualties from Saudi airstrikes in Yemen. The Trump…
The General Assembly & Accountability for International Crimes
Further to Alex Whiting’s post on Russian objections to the U.N. General Assembly’s formation of the International, Impartial and Independent Mechanism to Assist in…
Russia Maintains Objection to General Assembly’s Mechanism for Syria
On 21 December 2016, the General Assembly (GA) adopted Resolution 71/248, creating a new body to collect evidence of international crimes in Syria (formally known as “the International,…
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…
De Facto and De Jure Non-International Armed Conflicts: Is It Time to Topple Tadić?
When does violence between a state and non-state actor constitute an armed conflict and thus trigger the system of legal rules that apply in non-international armed conflict (NIAC)?…
Does the Int’l Criminal Court Have Jurisdiction over Alleged War Crimes by Saudi-Led Coalition in Yemen?
Does the International Criminal Court have jurisdiction over potential war crimes allegedly committed by the Saudi-led coalition in its battle against the Houthi rebels in Yemen?…
The Law of Aiding and Abetting (Alleged) War Crimes: How to Assess US and UK Support for Saudi Strikes in Yemen
US and UK support for Saudi-led military operations in Yemen have received significant attention recently due to reports of strikes that damaged or destroyed hospitals, schools,…
Explainer: What Mental State is Required to Commit a War Crime?
What exactly is the definition of war crimes under international law or, more precisely, what mental state is required to commit such an offence? The synopsis below provides an…
Evaluating Proportionality and Long-Term Civilian Harm under the Laws of War
As noted by Alex Whiting in his piece last week, the law of armed conflict, or international humanitarian law (IHL), contains broad principles and prohibitions that are applied…