Jurisdiction

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Territorial Jurisdiction of the International Criminal Court over the Russian Leadership: Locus Delicti in Complicity Cases

Note by the editors: this is a contribution from an author in Russia, whose identity, affiliation and qualifications are known to the editors. In line with our policy and in light of the grave and ongoing threats to academic freedom and freedom of expression in Russia, the author has requested to remain anonymous. The editors considered the request to be fully justified under the circumstances, and express their solidarity with all Russian colleagues who are unable to express their views freely or who have for that reason felt compelled to leave their country. A month has passed since the beginning of invasion of Ukraine on 24 February 2022. Numerous incidents such as the use of cluster munitions in populated areas or the Mariupol theatre bombing give rise to allegations of war crimes. Pursuant to article 12 of the Rome Statute, the International Criminal Court has jurisdiction over the crimes committed in the territory of a state that has become a party to the Statute or filed…

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Ukraine Files ICJ Claim against Russia

Earlier today President Zelenskyy announced that Ukraine has filed an application against Russia before the International Court of Justice: Ukraine has submitted its application against Russia to the ICJ. Russia must be held accountable for manipulating the notion of genocide to justify aggression. We request an urgent decision ordering Russia to cease…

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The Principle of Legality in the ICC’s Appeals Judgment on Abd-Al-Rahman’s Jurisdictional Challenge: A Follow-up on Merits and Shortcomings

The recent judgment of the Appeals Chamber of the International Criminal Court (ICC, the Court) in the case of Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) has already given rise to heated academic commentary and critique (see here and here). As readers may recall from previous posts on this blog, this was a judgment on an…

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SCOTUS Further Narrows Parent Corporate Liability under the Alien Tort Statute: Ambiguities and Evidentiary Thresholds in the June 2021 Judgment in Nestle USA Inc. v. Doe et al.

Introduction On June 17, 2021, the Supreme Court of the United States issued its decision in Nestle USA, Inc. v. Doe, __ S. Ct. __ (2021), which involved six former child slaves (“Respondents”) who had been kidnapped and forced to work on cocoa farms in the Ivory Coast. Nestle USA, Inc. and Cargill, Inc. (together, “Petitioners”) purchased, processed,…

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The ECtHR in Georgia v. Russia – a farewell to arms? The effects of the Court’s judgment on the conflict in eastern Ukraine

On 21 January 2021, the ECtHR rendered its judgment on the merits in Georgia v. the Russian Federation (II). The complaint lodged by Georgia concerned grave human rights violations committed by Russia or non-state armed groups under its control in Abkhazia, South Ossetia and the ‘buffer zone’. In its consideration of the question as to…

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