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Two Weeks in Review: 10—21 August 2026

August 23, 2026

Sebastian von Massow

As we swelter through late summer, a hardy few have retained a cool hold over their critical faculties. In the last two weeks, attention has turned chiefly to the ICC: from the in absentia convictions of members of the Rapid Support Forces, to the removal of ICC Prosecutor Karim Khan, and a decision recognising that a State Party may face conflicting obligations when asked to arrest a person attending UN-convened peace talks. The deep seabed has also remained in focus, with reflections on the International Seabed Authority’s supervisory powers under Part XI UNCLOS, as well as the vulnerability of submarine cables under existing international legal protections. Meanwhile recent trends in climate litigation seem to be shifting away from individual harm towards structural injunctions, increasingly vesting initiative and authority with NGOs. And the recent crisis in Ceuta raises foundational questions about the existence of an international duty on states to control borders. Not to mention the nuclear order under threat on the EJIL Podcast, and the unwritten rulebook for the succession of judges at the ICJ.

The ICC, Arrest Warrants, and Peace Negotiations

August 18, 2026

Miles Jackson

Introduction On 9 June 2026, Pre-Trial Chamber II of the International Criminal Court issued a decision in response to a request by a State for consultations under Article 97 of the Rome Statute. Article 97 provides an avenue for State Parties to consult the Court where it ‘identifies problems which may impede or prevent…

The Removal of the ICC Prosecutor and the Edge of the ICC’s Political Universe

August 17, 2026

Yuval Shany

Maria Varaki

“…I understood that I had collided with the edge of the political universe in which the Tribunal was allowed to function” (Carla Del Ponte, Madame Prosecutor: Confrontations with Humanity’s Worst Criminals and the Culture of Impunity (2009), p. 60) The process culminating in the 24 July 2026 decision by the ICC…

A Third Category of Enforced Disappearance? The Committee on Enforced Disappearances’ Article 34 Resolution on Mexico

July 31, 2026

Salvador Leyva Morelos-Zaragoza

In April 2026, the Committee on Enforced Disappearances (CED) adopted a resolution under Article 34 of the International Convention for the Protection of All Persons from Enforced Disappearance (hereinafter “the Convention”) and urgently brought the matter before the UN General Assembly. Article 34 empowers the CED to bring a situation to the attention of…

A peace treaty for Ukraine: Mini-symposium on international legal issues

July 10, 2026

Anne Peters

Gregory Fox

Florian Kriener

In the four years since Russia’s 2022 invasion of Ukraine, the prospects of a negotiated peace settlement have waxed but mostly waned. But the possibility of an agreement has been an ongoing focus for international lawyers. This is primarily because Russia has demanded territorial concessions from Ukraine that appear at odds with…

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Can the ICC Prosecute for Use of Chemical Weapons in Syria?

August 23, 2013

Dapo Akande

Recent reports regarding the possible use of chemical weapons in Syria are very disturbing indeed. If it turns out that there is concrete evidence that chemical weapons have been used, many will hope this will (finally) provoke action by the Security Council. There will inevitably be calls for accountability of those responsible and hopes that the Syrian situation will be referred…

ICC Appeals Chamber Holds that Heads of State Have No Immunity Under Customary International Law Before International Tribunals

May 6, 2019

Dapo Akande

The Appeals Chamber of the International Criminal Court (ICC) has, this morning, issued what seems to be an extremely controversial decision on Head of State Immunity. At the time of writing, the full written judgment is not yet available in the appeal by Jordan against the decision of the Pre-Trial Chamber referring that state to the UN Security…

Palestine, UN Non-Member Observer Status and ICC Jurisdiction

May 6, 2014

Kai Ambos

On 22 January 2009, the Palestinian Minister of Justice, on behalf of the Palestinian National Authority (PNA), lodged a declaration recognizing the jurisdiction of the International Criminal Court (ICC) (pictured left) ‘for the purpose of identifying, prosecuting and judging the authors and accomplices of acts committed on the territory of Palestine since 1 July 2002.’ On…

Palestine as a UN Observer State: Does this Make Palestine a State?

December 3, 2012

Dapo Akande

Last week, the UN General Assembly voted by 138 to 9 (with 41 abstaining) “to accord to Palestine non-member observer State status in the United Nations”. Thus, Palestine which has been an observer at the UN since 1974 has had its status within the UN upgraded to being an observer State. There has been much euphoria on…