International Criminal Law
197 Articles
Expert Explainer: The US for the first time submits a formal brief to the International Criminal Court on the ‘Situation in Palestine’
A Q&A with Todd Buchwald, former U.S. Ambassador for Global Criminal Justice at the U.S. Department of State.
Unforced Error: Article 124 and the Regrettable Caveat to Ukraine’s Proposed Ratification of the ICC Statute
Invoking an exception to the ICC's jurisdiction would not only be a regression from Ukraine's otherwise commendable engagement with international law, it would also contradict…
An ICC Complementarity Policy at Last: Can the Prosecutor Walk the Talk?
A close analysis suggests that the ICC Prosecutor's new vision of complementarity is informed by his practice-driven and pragmatic approach to engagement with States.
A New ICC Policy on Complementarity? Let’s Fast Forward to Universal Jurisdiction Allocation
On the heels of the ICC Policy on Complementarity and Cooperation, national prosecutorial authorities should think about UJ allocation and coordination.
The ICC’s Use of Evidence Obtained by Torture Sets a Dangerous Precedent
The Court’s recent conviction of Al Hassan undermines the connective tissue binding criminal law to human rights standards.
Assessing the Civilian and Political Institutions of Armed Non-State Actors under International Law
International law must better understand and account for the realities of civilian life in territory under armed group control.
The International Criminal Court’s Jurisdiction in Palestine and the ‘Oslo Accords Issue’
Under the Rome Statute, the Court has and may exercise jurisdiction over any adult person accused of committing war crimes or crimes against humanity on the territory of a State…
Engaging Africa in the ICC Prosecutor’s New Policy Paper on Complementarity and Cooperation
By adopting a dynamic interpretation of complementarity and cooperation, Khan signals the OTP’s responsiveness to these concerns emanating from African States and other stakeholders.
Symposium: ICC Prosecutor Launches Policy on Complementarity and Cooperation
A Hub for International Criminal Accountability
Two Tracks, One Destination? The Importance of Getting the Balance Right on Complementarity
Getting the balance right between partnership and vigilance is far from easy, but it is crucial if the OTP is to fulfill the promise of a Rome Statute system that is able to deliver…
Armed Conflict Classification in the ICC Prosecutor’s Request for Arrest Warrants – Between International Humanitarian Law and International Criminal Law
"The classification of different armed conflicts in the report is not a simple interpretation of the relevant rules, but an interpretive choice."
Combatant Privilege vs. Criminal Responsibility for Organized Armed Groups
Editor’s Note: This article is part of the Armed Groups and International Law Symposium, building on the volume edited by Katharine Fortin and Ezequiel Heffes. During international…