Crimes Against Humanity

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ICC Investigation in Georgia: A Success Story?

The conclusion of the investigation phase in the Situation in Georgia by the Prosecutor of the International Criminal Court (ICC) has once again brought into the spotlight the often overlooked conflict between Georgia and Russia that took place in August 2008 over the occupied territory of South Ossetia. After months of internal escalation in the breakaway region, Russia invaded Georgian territory in August 2008, marking the beginning of an international armed conflict that involved an initial five-day period of active hostilities followed by the occupation of Georgian (including previously undisputed) territories for several weeks by Russian forces. On 27 January 2016, the Pre-trial Chamber of the ICC authorised the Prosecutor’s proprio motu request to start an investigation into the Situation in Georgia. For the ICC and international criminal justice at large, it was a situation of many ‘firsts’: the first situation outside Africa; the first situation involving Russia and, thus, a permanent member of the UN Security Council; the first situation having an extraterritorial aspect and dealing with international (as…

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Mitigation of Dominic Ongwen’s sentence: Gaps in the justification

On 15 December 2022 the Appeals Chamber of the International Criminal Court (ICC) upheld the conviction and sentence of Dominic Ongwen. Mitigation of Ongwen’s sentence because of his past as a child soldier was not the subject of any of the grounds of appeal, but the appeal process left his sentence unaltered…

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The Mutual Legal Assistance Treaty for Core Crimes: Filling the Gap?

Since 2011, work has been underway in the Mutual Legal Assistance Initiative (MLAI) to create a modern, procedural, multilateral treaty on mutual legal assistance and extradition, which better facilitates cooperation between states in the prosecution of international crimes. However, recent drafts of the Convention on International Cooperation in the Investigation and Prosecution of the Crime of…

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Sexual and Gender-Based Violence against Women in the Russia-Ukraine Conflict

In April 2022, it was reported that Ukrainian law enforcement intercepted a phone call between a Russian soldier and his wife. In the phone call, they joked about the soldier raping Ukrainian women. His wife told him, “Yes, I allow it. Just wear protection”. The shockingly cavalier attitude of these two young Russian people towards rape emanates…

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Is the Dispute between Germany and Italy over State Immunities Coming to an End (Despite Being Back at the ICJ)?

For nearly two decades Germany and Italy have been embroiled in a dispute over the scope of State immunities under international law. The dispute which relates to the question of compensation for victims of crimes committed by Nazi forces in Italy or against Italian citizens, has recently been resubmitted by Germany to the International Court of Justice…

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