Litigation

The International Court of Justice (“ICJ”) is clear that personal immunities do not bar prosecution before certain international courts and tribunals.

"The ATSCA, while not a panacea, would revive one important tool for protecting human rights. It deserves the attention of the Senate Judiciary Committee now."

Cooperation between the ICC and a potential STCoA is possible and both courts could achieve their missions to promote accountability.

"When diplomacy has failed and arms are again resorted to, international law remains the last possible language between States."

Member States that believe in human rights must take the necessary steps to give the Burmese people a voice at the United Nations.

"As Indigenous people and allies celebrate and reflect, it is equally imperative to understand and champion both historical and contemporary issues – and to understand the ways…

Discussing details for an international tribunal for aggression against Ukraine including outreach, victim participation, and more.

A better approach would be for Congress to impose additional targeted sanctions on Russia, but not through the one-size-fits-all state sponsor of terrorism designation.

"The recent flurry of interventions shows that the ICJ proceeding continues to serve as a rallying point for Ukraine’s supporters."

Rules of procedure and evidence; how many to prosecute; rights of accused; double jeopardy (non bis in idem); amnesty; immunity; penalties.

"Our analysis may be a useful guide – for criminal investigators, press, potential whistleblowers or witnesses, the public and other stakeholders."

Ця стаття також доступна українською мовою тут. [Editor’s Note: This article is part of a Just Security series, Prosecuting the Crime…