International Criminal Law

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The ICC Prosecutor stands in front of a building with a colonnade, gesturing with his hands.

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…
People in rows of plastic chairs photographed from the back of a large room, at the front of which is a projector screen with a person's face visible.

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.
The blue flag of the International Criminal Court flies outside of the organization's headquarters.

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."
Fighters from the Free Syrian Army cheer and react as they fight against the Islamic State (IS) group jihadists on the outskirts of the northern Syrian town of Dabiq, on October 15, 2016.

​​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…

Irrefutable Evidence for Unspeakable Crimes? The Role of the Written Order in Proving and Denying Genocide

An explicit written order has not been -- nor should be -- necessary, whether for international justice or for collective memory.
Fighters from the Free Syrian Army cheer and react as they fight against the Islamic State (IS) group jihadists on the outskirts of the northern Syrian town of Dabiq, on October 15, 2016.

Armed Groups and International Law: Introduction to the Symposium

An exploration of armed groups and international law outside of conflict; the criminal liability of armed groups and their members; rebel governance; and the role of armed groups…
In an aerial view, flags wave on graves of Ukrainian soldiers at ‘Field Of Mars’ War Cemetery

Deportation, Detention, and Other Crimes: In Ukraine, the Past and Present of International Criminal Law Converge

International law concepts at least partially formed in Lviv, Ukraine, now frame discussions about accountability in the Russia-Ukraine war today.
Picture Of United Nations Flags

In a Future Crimes Against Humanity Convention, States’ Duty to Prosecute Must Not Be Weakened

To weaken or condition in any form the duty of States to investigate and prosecute suspected perpetrators would run contrary to the spirit and raison d’etre of a future Convention…
Legal blind justice Themis metal statue with scales on chains

Three Options for Designing a Single Residual Mechanism for Atrocity Crimes

Different models for a single residual mechanism would come with different levels of responsibility for future prosecutions.
A gavel and scales.

Legal, Political, and Administrative Considerations for Establishing a Single Residual Mechanism for Atrocity Crimes

A single residual mechanism would need to consider legal political and administrative questions in order to succeed.
In the background, a scale a suited arm writes on a clipboard. In the foreground, a gavel.

Consolidating the Aftermath of Justice – The Idea of a Single Residual Mechanism for Atrocity Crimes

A single residual mechanism could consolidate the tasks of ad hoc and hybrid tribunals after their prosecutorial mandates conclude.
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