“Safe areas”: The international legal framework

Author: Emanuela-Chiara Gillard DOI: Full article: PDF Published online: 12 February 2019 Abstract: In recent years there have been repeated calls for the establishment of so-called “safe areas” to protect civilians from the effects of hostilities in a number of contexts. The present article presents the international law framework relevant to the establishment and operation of such […]

Lecture: Pockets of Barbarism: Internal and External Challenges to the International Humanitarian Order

On February 13th 2019, Professor Jennifer Welsh delivered the lecture “Pockets of Barbarism: Internal and External Challenges to the International Humanitarian Order” on the occasion of the 2018-2019 lecture series “The End of Pacification? The Transformation of Political Violence in the 21st Century” Abstract This lecture challenges the meta-narrative of gradual pacification, by examining the manifestations, […]

Chatham House Report on Proportionality in the Conduct of Hostilities — Some Key Elements

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 […]

UN Security Council Referrals to the International Criminal Court: Legal Nature, Effects and Limits

Series: Leiden Studies on the Frontiers of International Law, Volume: 5 Author: Alexandre Skander Galand This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings […]

Dapo Akande contribution to the Symposium

IoW project mentioned in the Special Issue on Perpetrators and Victims of War of the European Journal of International Law, Volume 29, Issue 3, 9 November 2018. Crime of Aggression before the International Criminal Court: Introduction to the Symposium was written by Dapo Akande who, in the same issue, contributed also with an article Treaty […]

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 […]

Jennifer Welsh contributes chapter to “The Grey Zone: Civilian Protection Between Human Rights and the Laws of War”

Jennifer Welsh contributes chapter “The Responsibility to Protect and Non-State Armed Groups” to the newly-published book The Grey Zone: Civilian Protection Between Human Rights and the Laws of War. The volume brings together contributions from leading academic authorities and legal practitioners on the situation of civilians in the grey zone between human rights and the laws […]