Hundreds of protesters march through George Street

Australia’s Offshore Detention Regime and Crimes Against Humanity

Australia’s migration detention practices, especially its offshore detention regime, has attracted serious international criticism for their treatment of asylum seekers inside their detention facilities. However, the International Criminal Court (ICC) has spoken on this case as the Office of the Prosecutor (OTP) wrote a letter to Andrew Wilkie, an independent federal Member of Parliament in Australia, explaining the reasons why they would not be investigating Australia for crimes against humanity under Article 7 of the Rome Statute.
The International Criminal Court in Hague

U.S. Sanctions on ICC – Israel focus

On 11 June 2020, then-U.S. President Donald J. Trump signed an Executive Order threatening to freeze the assets and suspend travel visas of foreign persons who “directly engaged in any effort” to assist the International Criminal Court (ICC) in their examinations of U.S. personnel or their non-consenting allies, and anyone who has “materially assisted, sponsored, or provided financial, material or technological support” to the ICC.
Atrocity Speech Law Cover

Revisiting Gregory Gordon’s Groundbreaking Work “Atrocity Speech Law” as It Is Transformed from Book into Website

Since its initial publication in 2017, Chinese University of Hong Kong Law Professor Gregory Gordon’s paradigm-shifting work, “Atrocity Speech Law: Foundation, Fragmentation, Fruition” (Oxford University Press) has helped change the very vocabulary we use to describe the rules and jurisprudence governing the relationship between hate speech and core international crimes, which is now commonly referred to by the book’s title.
Waving flag of the United Nations

An Interview with Marcia V. J. Kran About the UN Human Rights Committee

Marcia V.J. Kran belongs to a group of accomplished Canadians who have worked tirelessly with UN entities to advance international law, strengthen governance institutions and better the lives of all individuals. In 2016, she was nominated by Canada and elected by Member States as an expert member to the UN Human Rights Committee. She is currently serving her second term on the Committee and kindly agreed to answer some questions for the PKI Global Justice Journal.
The International Criminal Court in Hague

ICC Appeals Chamber judgments in the Ntaganda and Gbagbo/Blé Goudé cases

During the last week of March, the Appeals Chamber of the International Criminal Court (ICC) issued two judgments, first on March 30 in the Ntaganda case and then a day later in the Gbagbo/Blé Goudé case. In both instances majorities of the Appeals Chamber upheld the judgments of the Trial Chambers (which have been discussed in this Journal and which have already been subject to commentary).
Justice over the coronavirus and human rights

Human Rights Approaches to Covid-19: Opening Remarks to a Canadian Law School Conference

On February 24, 2020 Pearl Eliadis, a Montreal-based human rights lawyer, delivered the opening address to “Human Rights in Pandemic Times: A Canadian Law School Conference.” Ms. Eliadis serves as Full Member of the McGill Centre for Human Rights and Legal Pluralism and as Adjunct Professor at McGill’s Faculty of Law.
AS 90 Self Propelled Howitzer Gun amongst trees whilst on maneuvers

The Crime of Aggression and Pre-Emptory Self-Defence

On July 17, 2018, the Assembly of States Parties to the International Criminal Court activated the International Criminal Court (“ICC”)’s jurisdiction over the crime of aggression. As of January 2021, forty-one states have ratified the amendment to the Rome Statute of the International Criminal Court (“Rome Statute”) giving the ICC jurisdiction over those states for the crime of aggression. Although the ICC has not yet charged anyone with aggression, the ICC will eventually have a case concerning aggression before it.
Two puzzle pieces with the flags of USA and Canada

Canada’s Obsession with Shutting Down the 49th Parallel to Refugees

This month’s Federal Court of Appeal ruling, reversing a July 2020 Federal Court judgement that had found that the Safe Third Country Agreement (STCA) between Canada and the United States violates the Charter of Rights and Freedoms, is the latest chapter in a determined Canadian government effort going back nearly three decades to shut the Canada/US border down to refugees.
Destroying the Caroline book cover

Book Review: “Destroying the Caroline: The Frontier Raid That Reshaped the Right to War”, by Craig Forcese, May 2018, Irwin Law

In the last 18 months, U.S. rhetoric in justifying different military strikes abroad included “imminent and sinister attacks,” “imminent threat,” “American lives at risk,” and “ongoing threats, “proportionate military response,” and an “act to protect American and Coalition personnel.” Letters to Congress and to the United Nations justifying the strikes included phrases such as “action in response to an escalating series of attacks”; “deter…further attacks”, “to protect and defend our [US] personnel and our [US] partners against these attacks and future such attacks [sic]”; and “necessary and proportionate action.”
UJAR

UJAR 2021: The impact of coronavirus on universal jurisdiction

The year 2020 will remain in memories, by and large, as a period unlike any other. The covid-19 pandemic has turned around countless lives, and continues to do so as we write these lines. State institutions worldwide, including judicial bodies, have had to drastically change their functioning and priorities. With so many activities coming to a brutal halt, have cases related to universal jurisdiction also stalled? Luckily, far from it.
A rally in front of the Paliament

Call It Like It Is: The Genocide in Xinjiang

This article explores China’s treatment of its Uyghur minority population in Xinjiang. It relies on news reports from recognized news agencies as well as a recent report by the Newlines Institute for Strategy and Policy and the Raoul Wallenberg Centre for Human Rights (Newlines Report), which is based on public and leaked government communications, eyewitness testimony, and open-source research methods. These sources are assumed to be generally accurate in order to explore the international legal implications.
The International Criminal Court entrance sign at the ICC building

Negotiated Justice in the ICC: Following the Al Mahdi case, a Proposal to Enforce the Rights of the Accused

The International Criminal Court (ICC), with the case of Mr Ahmad Al Faqi Al Mahdi (“Al Mahdi case”), faced negotiated justice for the first time in its history. In this article I will be proposing amendments to the Rome Statute (“Statute”), to the Rules of Procedure and Evidence (“Rules”) and to the Regulations of the Court (“Regulations”). This proposal is based on the issues arising out of the Al Mahdi Judgment.
Qatar United Arab Emirates Puzzle

A Narrowed Scope of “National Origin” Discrimination under CERD by the International Court of Justice

On February 4, 2021, the International Court of Justice (ICJ) in a rare case on discrimination in international human rights law, decided to narrow the protection provided by the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) by formally characterizing a complex claim of racial discrimination made on the ground of national origin as one based on “current nationality” and not “national origin”.
Thousands of Hong Kongers held vigils

Hong Kong’s Struggle for Liberation and Democracy

“Liberate Hong Kong, Revolution of Our Times”. The use of this slogan frequently employed during protests as a call for Hong Kong’s independence is now considered to constitute the criminal offence of “secession” under the National Security Law (NSL). This law came into force by way of executive promulgation in China, essentially by-passing approval through the Hong Kong legislature and escaping public scrutiny.
Book cover Robinson

An Interview with Darryl Robinson on “Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law”

An Interview with Darryl Robinson on “Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law” One of our editors, Joseph Rikhof, posed questions to Professor Darryl Robinson of Queen’s University about his new book.