International Criminal Law

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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…
The outside of the building for the Tribunal de Paix de Kalehe. Guards stand in the entryways, some hold guns. A banner hangs over one of the entryways.

Incorporating Digital Technology in the Investigation of International Crimes: Lessons from the Democratic Republic of Congo

Key lessons on incorporating digital evidence of international crimes throughout the justice process and increasing its admissibility in court.
A person guides a boat through a Cham Muslim village on the waters of the Mekong River. Small buildings float on the water.

Why Religious Persecution Justifies U.S. Legislation on Crimes Against Humanity

Such a law would strengthen the prospect of the US one day seriously considering ratification of a proposed treaty.
Former Liberian President Charles Taylor flanked by uniformed guards waits for the start of his appeal judgement on September 26, 2013 in the courtroom of the Special Court for Sierra Leone in The Hague.

The Draft Convention on Crimes Against Humanity Should Enshrine the Highest Standards of International Law

While it contains laudable provisions, it is silent on certain fundamental issues, and some clauses set out the lowest common denominator.
Malian Muslim militant Al-Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud attends his trial at the International Criminal Court (ICC) in The Hague, The Netherlands, on July 8, 2019.

Expanding Justice for Gender-Based Crimes with a Treaty on Crimes Against Humanity

Such a legal framework could be transformative for so many who have been left out or on the margins of existing mechanisms, including women.
A Bosnian Muslim signs a book in a makeshift memorial for Bosnian Muslim victims on November 22, 2017 in The Hague, The Netherlands. Photographs dangle on strings at the memorial.

The Relay Race of Defining Crimes Against Humanity – From the International Tribunals to the Draft Articles

At times the baton was dropped; at other times, drafters successfully overcame the hurdles in the process, as with the ICC Statute.
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