International Criminal Law

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France’s Highest Court Confirms Universal Jurisdiction

June 1, 2023

In November 2021, the Criminal Chamber of the French Cour de cassation, shocked the international criminal law community (see here and here) by considering that French courts did not have jurisdiction over crimes against humanity committed in Syria because Syria was not party to the Rome Statute and did not criminalise crimes against humanity as such in its domestic legal framework. Thankfully the plenary assembly of the Cour de cassation reversed that decision last month in the Nema and Chaban cases. The French universal jurisdiction framework The French universal jurisdiction framework is complex and depends on the crimes prosecuted. France transposed the 1984 Convention against Torture, the 2006 International Convention for the Protection of All Persons from Enforced Disappearance and the 1998 Rome Statute of the International Criminal Court (ICC) differently into its domestic system. For the crimes of torture and enforced disappearance, French courts are competent as soon as the suspect is on French territory when the…

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“Failure to Act” of Mr Putin: Liability by Omission

May 10, 2023

As announced on 17 March 2023, the International Criminal Court (ICC) issued an arrest warrant for Mr Vladimir Putin (the President of the Russian Federation), who has been charged with unlawful deportation and transfer of children (Articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute) from the occupied areas of Ukraine to the Russian Federation at least…

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Arbitrary Detention in Non-International Armed Conflicts: A Tale of Two Hague Courts

April 18, 2023

On 3 April 2023, the much-anticipated trial against Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi started at the Kosovo Specialist Chamber (‘KSC’). In its opening statement, the Prosecution told the judges that each accused is criminally responsible of four counts of war crimes – to wit: illegal and arbitrary arrest and detention, cruel treatment, torture and…

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Do States Party to the International Criminal Court Statute have the Obligation to Arrest Vladimir Putin?

April 14, 2023

Background On 17 March 2023, Pre-Trial Chamber II of the International Criminal Court (‘ICC’ or ‘the Court’) issued two arrest warrants for people related to the Ukraine situation, including one for Vladimir Putin, who as President of the Russian Federation is the head of a state that is not a party to the Rome Statute…

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South Africa and the ICC Arrest Warrant for Vladimir Putin: Déjà Vu All Over Again?

April 5, 2023

1. Introduction South Africa is again at the centre of controversy regarding the obligation to arrest a sitting head of state pursuant to an arrest warrant of the International Criminal Court. Previously, the South African government was held by both the ICC and domestic courts to have violated its international and domestic…

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