War Crimes

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Complicity in war crimes through (legal) arms supplies?

  German and other corporations whose arms were used in the war in Yemen have been accused of criminally assisting war crimes. The Berlin-based NGO European Center for Constitutional and Human Rights (ECCHR) filed a complaint (a “communication”) to the International Criminal Court (ICC) making this claim with regard to a series of multinational arms companies. But is a criminal complicity possible if exports are licensed by the competent national authorities as is at least the case in Germany? In modern, capitalist industrial societies, businesses create risks on a daily basis – just think of car production and the (fatal) accidents associated with it. However, these risks are regarded as legally permissible as long as certain due diligence standards are upheld. In the case of products that are dangerous per se, stricter standards need to apply. Take for example the case of war weapons where, according to Germany’s Military Weapons Control Act (Kriegswaffenkontrollgesetz, KWKG), the (national) production of these weapons needs to be authorised, and exporting such weapons is subject to further licensing…

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The Soleimani Strike and Self-Defence Against an Imminent Armed Attack

  The US drone strike on Qassem Soleimani, one of the most important members of the Iranian leadership, raises many complex questions of international law. This post will examine the lawfulness of the strike from the standpoint of the law on the use of force. It will first set out the parameters of the US justification…

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Time to fix the Rome Statute and add the crime of starvation in non-international armed conflicts!

This week the Assembly of State Parties to the Rome Statute of the International Criminal Court (ASP) meets in The Hague for its 18th session. On the agenda is the Swiss proposal to amend Article 8 (“War crimes”) of the Rome Statute by adding a non-international armed conflict version of the war crime of starvation of…

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Five Procedural Takeaways from the ICC’s 18 July 2019 Lubanga Second Reparations Judgment

On 18 July 2019, the International Criminal Court (ICC) Appeals Chamber issued a landmark judgment upholding a USD 10,000,000 collective reparations award for victims in the case against Thomas Lubanga Dyilo. In this second—and hopefully final—Appeals judgment on reparations in the Lubanga case, the Appeals Chamber largely confirmed the methodology that Trial Chamber II…

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The Ituri Conundrum: Qualifying Conflicts between an Occupying Power and an Autonomous Non-State Actor

Last week, Trial Chamber VI of the International Criminal Court (ICC) issued the long-awaited judgment in the Ntaganda case. The judges found the defendant guilty on all 18 counts, including the ICC’s first ever conviction for sexual slavery. Although the Chamber is yet to resolve matters related to sentencing and reparations, the decision marks an important milestone…

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