International Criminal Law

Page 2 of 83

Filter category

Feature post image

The Operational Logic behind Designating States for the Enforcement of International Sentences: The Implications of the Ongwen Case

Dominic Ongwen, convicted by the International Criminal Court (ICC) of 61 counts of crimes against humanity and war crimes committed as a senior commander of the “Lord’s Resistance Army” (LRA) rebel group, was transferred on 18 December 2023 to an as yet undisclosed prison facility in the Kingdom of Norway to serve his 25-year sentence. After Ahmad Al Faqi Al Mahdi and Bosco Ntaganda, he is the third ICC convict to serve his sentence in a European state, and the first to do so in a Nordic state. Under Article 103(1)(a) of the Rome Statute, prison sentences imposed by the ICC are to be served “in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons”. Currently, the number of ICC prisoners serving their sentences abroad exceeds the number of ICC prisoners being returned to serve their sentences in their home states. Outwardly at least, the distribution of ICC prisoners is beginning to resemble the decentralized enforcement system…

Read more

When the Reasons are More Telling than the Ruling: The Order of the ICJ in South Africa v. Israel

A veil of discontent wraps the order of the ICJ of January 26. The Court disappointed those who consider that the determination prima facie of the violation of the Genocide Convention should have logically entailed the more radical measure of the cessation of military actions, as in the Ukraine v. Russia case; they presented the operative part of…

Read more

Implications of the ICJ Order (South Africa v. Israel) for Third States

The Order of 26 January 2024 by the International Court of Justice in the case of South Africa v. Israel established that there is a real and imminent risk of irreparable damage to some of the rights asserted by South Africa. Whether Israel will comply with the Order is an…

Read more

Time for another Ukrainian Genocide Case?

In his as ever instant and persuasive reporting and analysis, Marko Milanovic has drawn attention to the rather unusual and, presumably for Ukraine, unexpected result in the jurisdictional phase of the Ukraine/Russian Federation genocide case. The case appears to reverse the thrust of the Preliminary Measures Order decided by the ICJ just weeks after the invasion…

Read more

The Damp Squib of Third Party Intervention in Ukraine v. Russia

It looks like Ukraine scored an ‘own goal’ in the 2 February 2024 judgment of the International Court of Justice. Ukraine is left with a rather empty shell of its original application. The hope had been to address Russian aggression through the back door of the Genocide Convention. If successful, this might…

Read more