The Hague Holland

Jurisdiction Challenges Rejected in Al-Rahman case by ICC Appeals Chamber

On November 1, 2021, the Appeals Chamber (AC) of the ICC upheld on appeal the rejection of several jurisdictional challenges, which was issued by the Pre-Trial Chamber (PTC) on May 17, 2021in a case where the Security Council of the United Nations (UNSC) had referred the situation of Darfur to the ICC as a result of resolution 1593.
Protesters hold placards at the Defend the Right to Asylum

European Court of Justice Ruling Bolsters Refugee and Migrants Rights Defenders

A recent European Court of Justice ruling dealing with Hungary has shone the spotlight on the insidious array of legal measures that a growing number of governments have resorted to in recent years, criminalizing the efforts of individuals and organizations to defend the human rights of refugees and migrants. It is a reminder that more needs to be done to push back against that criminalization, including through legal challenges and public awareness campaigns.
Protester wounded in his heard

Medical and Humanitarian Challenges in Urban Operations

Urban operations embrace a range of policing and military operations that challenge commanders and operators conducting successful interventions intended to preserve legitimate state (military and security) objectives and protect of civilians and civilian objects. Meeting these challenges is of increasing importance as military, police, fire service, medical, civil defense, and humanitarian actors converge in urban conflict settings.
A property key in the block of ice as a symbolic of freeze asset

Distilling the Aims of International(ized) Criminal Tribunals’ Asset Freezing Powers through the Crucible of Prosecutor v Félicien Kabuga

In the early hours of Saturday, 16 May 2020, French authorities arrested Félicien Kabuga in the Parisian suburb of Asnières-sur-Seine, bringing an end to a manhunt that spanned more than two decades since he was first indicted by the Prosecutor of the International Criminal Tribunal for Rwanda (ICTR).
The Flag of Quebec flying against the sky

The Culture Wars in Quebec?

On May 13 2021, the government of Quebec tabled Bill 96, An act respecting French, the official and common language of Québec [“Bill 96”]. The aim of the Bill is to further promote the French language and respond to a growing concern among Francophones that French is on the decline in Quebec.
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.