War Crimes

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The International Criminal Court on January 18, 2019.

Balancing the US Approach to the ICC

As the Biden administration develops a new direction in American foreign policy, the ICC is also charting a new institutional course.
Supporters of Sri Lankan President Mahinda Rajapaksa attempt to push through barricades during a protest against the UN Human Rights Council's annual session, in Colombo on February 27, 2012.

US Re-Engagement in UN Human Rights Council Brings Influence, Leverage, Amb. Donahoe Says

On Sri Lanka and other issues, the Biden administration's decision sends the message that the protection of human rights is a deeply rooted priority.
Sri Lankan journalist C.A Chandraprema gives a copy of 'Gota's War' to Sri Lankan President Mahinda Rajapakse as defence secretary Gotabhaya Rajapaksa looks on during the launch of the book 'Gota's War' in Colombo on May 14, 2012.

Sri Lanka’s UN Efforts to Stave Off Justice for War Crimes

The Rajapaksa government has gone so far as to install someone allegedly associated with a death squad on the Human Rights Council.
Relatives and friends hold photos of their missing loved ones at Galle Face promenade in the Sri Lankan capital Colombo on August 28, 2018.

Spotlight on Sri Lanka as UN Human Rights Council Prepares Next Session

Concerns over impunity and a troubling decline in human rights will be prominent, with a long-awaited report by the UN high commissioner for human rights.
The building and grounds of Germany’s Federal Court of Justice. There is a grassy lawn with a fountain, trees lining the sides, and the building itself is centered.

German Court Major Judgment on Foreign Officials’ Lack of Immunity in War Crimes Trials

A leading scholar explains landmark decision by Germany's highest criminal court.

Reconsidering the Digitalization of International Criminal Justice

Tech is heralded as a way to increase access and participation in international justice. But what are the costs of these digital justice mechanisms?
Trump

Can a Pardon Be a War Crime?: When Pardons Themselves Violate the Laws of War

Editor’s note: Originally published on May 25, 2019; with an author’s note published on Dec. 24, 2020. Author’s note, Dec. 24, 2020: Not all corrupt pardons…
Robert H. Jackson’s opening statement at the Nuremberg Trials.

A Commander’s Duty to Punish War Crimes: Past U.S. Recognition

A comprehensive, sweeping analysis of "the United States’ own long-standing views that a commander’s failure to punish war crimes by his subordinates may itself amount to war…
A close-up of a roasted cocoa bean held by the tips of a worker’s fingers removing the husk. Moments Chocolate workplace on June 18, 2019 in Accra, Ghana

Nestlé & Cargill v. Doe Series: No Safe Harbor for Enablers of Child Slavery – Secondary Liability and the ATS

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Prosecutor Robert Jackson speaks at the Nuremberg Trials, 21 November 1945.

75 Years Ago at Nuremberg: Giving a Name to Crimes Against Humanity

The world has not come close to ending such heinous crimes, but the trials established the principle that perpetrators can and must be brought to justice.
Trump and Pompeo

Trump’s Executive Order on the ICC is Illegal, Not Just Shameful

Significant First Amendment concerns are raised by the administration's sanctions against the International Criminal Court and against those who support the ICC's work.
Professor of practice at Syracuse University College of Law David Crane, United Nations Representative from France Gerard Araud, and forensic pathologist Dr. Stuart Hamilton give a report on the allegations of torture in Syria at the United Nations on April 15, 2014 in New York City.

The Netherlands’ Action Against Syria: A New Path to Justice

Cases such as one in Germany to address individual criminal responsibility are insufficient on their own to address the scope of the documented criminality.
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