Jurisdiction

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9 Articles
The facade of the ICC building.

Rethinking ICC Reform: Politics, Legitimacy, and the Perils of Expansion Without Consolidation

States should use the Special Session to reinforce the ICC’s foundations and ensure it can credibly discharge its existing mandate.
Protesters take part in a demonstration against violence against minorities in Syria, with reports saying attacks have killed more than 1,000 mostly Alawite civilians, with Christians being caught up in a wave of violence, outside the International Criminal Court (ICC) in The Hague, on March 15, 2025. Protesters carried signs with slogans such as "Stop the slaughter, no more bloodshed" and "Just one of the massacres." Many held up photographs of bodies lying in the streets, emphasizing the brutality of the ongoing conflict. (Photo by PHIL NIJHUIS/ANP/AFP via Getty Images)

It’s Not Too Late for States Parties to Fulfill the Promise of the International Criminal Court: Three Actions They Should Take Now

The ICC might still play a role in walking humanity back from the brink, if States can find the political will to respect and strengthen the work of the Court.
black and white image of the sworn statement of witnesses verifying the departure statement of Wong Kim Ark

Jurisdiction, Territorial Sovereignty, and the Fourteenth Amendment

A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.
The blue flag of the International Criminal Court flies outside of the organization's headquarters.

The International Criminal Court’s Classification of Armed Conflicts in the Situation in Palestine

The Pre-Trial Chamber's classification of armed conflicts in Gaza and its implications for the Court's jurisdiction.
A photo of a grey compound with the Iranian flag out front.

Magnitsky-Style Sanctions Are a Precision Measure for Iran’s Crisis of Impunity

Magnitsky-style sanctions provide a principled and practical framework for accountability.
A view of the U.S. Supreme Court, with a cloudy sky

Equal Access to the Supreme Court for Servicemembers: The Missing Pieces

What Congress can do to complete the job of putting military and civilian cases on an equal footing in accessing the Supreme Court.
The flag of Ukraine flies in front of the building of the Verkhovna Rada of Ukraine on August 24, 2023 in Kyiv, Ukraine.

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…
Barbed wire is coiled around the top of a chain-link fence.

Justice for Trans-border Torture Requires Rethinking the International Criminal Court’s Jurisdiction in the Israel-Palestine Conflict

Recognizing the transnational nature of these alleged crimes, the ICC could potentially bridge the artificial divide between Gaza and Israel.
A large number of yellow bananas sit on green shelves in a grocery store. A sign above the bananas states "Premium Bananas" with the logo for Chiquita Bananas.

The Chiquita Verdict Expands International Human Rights Liability for Corporate Conduct Abroad

A recent verdict may have substantial ramifications for the future of international human rights litigation in U.S. Courts.
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