Genocide

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Upholding the Right to Fair Trial: The Appeals Chamber’s Impactful Decision on the Alternative Findings Procedure at the IRMCT

August 17, 2023

The recent decision handed down by the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals (IRMCT) in the Kabuga case, which overturned the Trial Chamber’s precedent-setting decision to introduce an “alternative findings procedure” for the trial of unfit individuals, may potentially mark a positive shift towards safeguarding the rights of defendants within the realm of international justice. Kabuga has been accused of committing genocide and inciting genocide in Rwanda. He was indicted for these crimes by the ICTR in 1998 and he lived as a fugitive until his eventual arrestin 2020. As his trial at the IRMCT commenced, it quickly became apparent that Kabuga’s health was compromised. Consequentially, several measures were taken by the Trial Chamber to accommodate him and ensure his full participationin the proceedings, including holding shorter sessions. However, after being diagnosed with a progressive form of dementia consistent with Alzheimer’s disease by three psychiatrists, the court ruled…

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A litmus test for international justice: If not for the Yazidis, then for whom?

March 17, 2023

Yazidi tradition recounts that, before the Daesh attack in 2014, the Yazidis had suffered seventy-two large-scale persecutions in their history. To a large extent, in the past, they faced these attacks alone, with little hope of external support. But given that the 2014 genocide took place in the age of international justice – the age of the…

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New universal jurisdiction case filed in Germany for crimes committed in Myanmar before and after the coup: On complementarity, effectiveness, and new hopes for old crimes

March 7, 2023

A few days before the second anniversary of the ‘failed coup’ in Myanmar, a case was filed in Germany against senior Myanmar military generals and ‘other actors’ identified in the complaint for genocide, war crimes, and crimes against humanity. It was filed under universal jurisdiction enshrined in the German Code of Crimes against International Law (Völkerstrafgesetzbuch…

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Prosecuting Atrocity Crimes Committed in Northern Ethiopia: The Need for Special National Prosecution Mechanism

April 4, 2022

Over the last four years, serious human rights violations and abuses, have been committed in Ethiopia in and outside of the context of an armed conflict. These violations may constitute international crimes, such as crimes against humanity, war crimes and torture. The situation particularly worsened and garnered international attention after an armed conflict broke out in Tigray on…

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The War of Aggression Against Ukraine, Cultural Property and Genocide: Why it is Imperative to Take a Close Look at Cultural Property

March 21, 2022

For too long, a great deal of energy has been invested in trying to decipher obscure statements made by Vladimir Putin (a true “masterclass of disinformation”: Åslund 2021; cf. Kappeler 2021). Now that Putin has started a war of aggression against Ukraine, it is high time that we take his denials of Ukrainian statehood and…

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