Cross-posted from EJIL:Talk! At the end of 2018, the International Law Program at Chatham House published a report analyzing the key steps in making assessments about proportionality under international humanitarian law, with a particular focus on incidental harm. The rule of proportionality as formulated in Article 51 of Additional Protocol I of 1977 (AP I) requires belligerents […]
Does the ICC Statute Remove Immunities of State Officials in National Proceedings? Some Observations from the Drafting History of Article 27(2) of the Rome Statute
Cross-posted from EJIL:Talk! Following oral hearings held in September, the Appeals Chamber of the International Criminal Court (ICC) is currently deliberating in Jordan’s Appeal of the Pre-Trial Chamber’s decision holding that it had failed to cooperate with the ICC by refusing to arrest and surrender Sudan’s President, Omar Al-Bashir, when he visited Jordan. Central to the determination […]
The Bolton Speech: The Legality of US Retaliatory Action Against Judges and Officials of the International Criminal Court?
Cross-posted from EJIL:Talk! The speech given on Monday by John Bolton, US National Security Adviser, threatening action by the US against the International Criminal Court (ICC) in response to potential ICC investigation of US personnel with regard to the situation in Afghanistan has generated a lot of interest (see here, here, here and here). There are a plethora of policy and political […]
Cross-posted from EJIL:Talk! On 10-14 September, the Appeals Chamber (AC) of the International Criminal Court (ICC) held hearings in the appeal of Jordan against the decision of Pre-Trial Chamber (PTC) II entitled ‘Decision under article 87(7) of the Rome Statute on the non-compliance by Jordan with the request by the Court for the arrest and surrender […]
Safeguarding “distinction” inside the wire: Humanitarian-peacekeeper interactions in South Sudan’s Protection of Civilian sites
Following the outbreak of violence in December 2013, tens of thousands—and eventually hundreds of thousands—of internally displaced persons (IDPs) sought refuge at UN bases in South Sudan. These sites came to be referred to as Protection of Civilians (PoC) sites, guarded by forces from the UN Mission in South Sudan (UNMISS) under a robust PoC […]
Cross-posted from EJIL:Talk! Calls have been mounting for Alexanda Kotey and El Shafee Elsheikh, two fighters captured by the Syrian Kurds, to be tried in the UK, the US, or at the International Criminal Court (ICC) in The Hague. Kotey and Elsheikh were part of a group of four Islamic State militants known as “the […]
Yagil Levy discusses the individualization of the human costs of war in public discourse.
Yuna Han discusses the increase of universal jurisdiction cases. Cross-posted from Ethics and International Affairs blog
Between the Individual and the Collective: for a more encompassing history of individual criminal responsibility and the protection of civilians
Maja Spanu discusses the common history of protection and prosecution norms.
Heather Roff discusses epistemic challenges of an individualist account of just war theory.