Display and presentation of the ICC

The Absconding Accused and the ICC: An examination on the legitimacy and capacity of the International Criminal Court to hold in absentia trials

The term ‘trial in absentia’ refers to a proceeding in a court of law in which the accused is not physically present. This form of trial is at odds with a defendant’s right to be present in court; as first recognized in Article 14(3)(d) of the International Covenant on Civil and Political Rights (ICCPR), and other subsequent international human rights documents.
Hate speech communication concept

Hate speech and international criminal law

In recent years and decades, the topic of hate speech has become the focus of increasing attention and debate in international legal circles. Legal scholars and prominent international bodies alike have remarked not only on the growing prevalence of hate speech and discrimination directed against minority populations, but also on the frequency with which these acts precede, accompany, or even provoke large-scale violent atrocities and human rights violations
Kosovo flag on soldiers arm

The Kosovo Specialist Chambers clarifies the law that applies to charges against its ex-President

Recently, in a pre-hearing Decision on Motions Challenging the Jurisdiction of the Specialist Chambers, a pre-trial judge of the Kosovo Specialist Chambers clarified a number of issues bearing on the charges filed against Kosovo’s ex-President Hashim Thaçi, Kadri Veseli, former leader of the Democratic Party of Kosovo, Rexhep Selimi, a former Parliamentary leader of the Self-Determination Movement, and Jakup Krasniqi, a former acting President of Kosovo.

Destroying the Yazidis: How Killing & Sexual Slavery Could Anchor ISIS Genocide Charges

While international action and anger have erupted amid continued violent abuses of the Rohingya and Uyghurs, the atrocities committed seven years ago against a particular community of Yazidis have attracted quiet negligence. Justice – holding the perpetrators to account – has been elusive for the terrorized Yazidis, a religious minority nestled into the northwest corner of Iraq.
Israel Palestine

The International Criminal Court and Israel/Palestine

On March 3, 2021, the International Criminal Court (the “ICC”) sent formal notices to Israel and the Palestinian Authority (“Palestine”) regarding its investigation into possible crimes committed by both parties. (Please note that although Palestine has not achieved statehood internationally, I follow the international community and refer to the entity as “Palestine” in this paper.)
Hague Holland

The Resounding Presence of Gendered Stereotypes Throughout International Criminal Proceedings of Female Perpetrators of International Crimes

Historically, war and mass violence have been regarded as strictly masculine domains, wherein men are regarded as “heroes” fighting to protect their families. In contrast, due to their roles as mothers and caregivers, women have traditionally been perceived as “beautiful little fools”– pitiful slaves to the inescapable female curses of naiveté, hysteria, and perverted innocence.
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.”