International Criminal Law

Page 1 of 64

Filter category

Feature post image

Ntaganda and the ‘Conduct of Hostilities Crimes’

The ICC’s appeals judgement in the Ntaganda case, although covering a diverse array of legal issues, will likely be remembered as the focus for a confused and chaotic debate on the meaning of ‘attack’ within IHL and ICL. Raised in the specific context of Ntaganda’s ordering of ‘ratissage’ operations during the NIAC in the DRC, the Trial Chamber in July 2019 held that such operations did not constitute ‘attacks’ due to their having ‘took place sometime after the assault [on Sayo], and therefore not during the actual conduct of hostilities’ (¶ 1142). The OTP’s appeal on this point contended that a nexus to a ‘conduct of hostilities’ is necessary for attack-based war crimes, however that the Article 8(2)(e)(iv) prohibition on directing attacks against cultural objects is an exception to this rule, owing to the influence of Articles 27 and 56 of the 1907 Hague Regulations (¶ 15-16, 26; see also Al Mahdi Trial Chamber decision, ¶ 14-16).

Read more

Human Rights Watch Responds: Reflections on Apartheid and Persecution in International Law

We appreciate the rich discussion triggered by this week’s EJIL Talk! symposium, which has addressed a number of legal issues arising from our report “A Threshold Crossed: Israeli Authorities and the Crimes of Apartheid and Persecution.” The report has received significant media attention and sparked many useful conversations since its release in late April. But…

Read more

Symposium Introduction: Apartheid in Israel/Palestine?

This week the blog will be running a symposium provoked by a recent Human Rights Watch report arguing that Israel is responsible for committing the crime of apartheid within its boundaries and in the occupied Palestinian territories. This report is exemplary of an increasing trend amongst human rights activists and NGOs of labelling Israel’s policies…

Read more

«Ecocide» as an international crime: Personal reflections on options and choices

On 22nd June 2021, the “Independent Expert Panel for the legal Definition of Ecocide” – on which I had the honour to serve – launched a proposal for a legal definition of “ecocide” for the purpose of amending the Rome Statute of the International Criminal Court (ICC) with the addition of a 5th international crime. In the following,…

Read more

The Proposed Definition of the Crime of Ecocide: An Important Step Forward, but Can Our Planet Wait?

Last week, an independent expert panel (“IEP”) published a proposed definition of ecocide as a potential fifth international crime to be added to the Rome Statute. The introduction of such a definition in the Rome Statute and placing crimes against the environment at the same level with “the most serious…

Read more
  • Page 1 of 64
  • Last