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-
How International Law Views Israel’s Military Action at Al-Shifa Hospital
via nytimes.comHuman rights laws prohibit harming or interfering with a hospital like Gaza’s Al-Shifa, with very narrow exceptions, or using it as a human shield. Attacking one can be a war crime. -
Measuring Israel by the Just-War Yardstick
via nytimes.comThe Netanyahu government falls short on most benchmarks of whether its actions in Gaza meet the standard. -
El conflicto Israel-Hamás y las leyes de la guerra
via nytimes.comLos acontecimientos de las últimas semanas entre Israel y Hamás han planteado para muchos lectores cuestiones profundas e irritantes que pueden ilustrar los límites y las fortalezas del derecho internacional. -
The Laws of War Have Limits. What Does That Mean for the Hamas-Israel War?
via nytimes.comFor many readers, the events of the past few weeks have raised profound and vexing questions that can illustrate the limits and strengths of international law. -
Primarias en Venezuela: María Corina Machado se perfila ganadora
via nytimes.comMaría Corina Machado, candidata de centroderecha, lideraba unas elecciones que mostraron la fe de los votantes en la democracia y su descontento con años de gobierno autoritario. -
María Corina Machado Leads in Venezuela Primary to Oppose President Maduro
via nytimes.comMaría Corina Machado, a center-right candidate, was leading in an election that showed voters’ faith in democracy and dissatisfaction with years of authoritarian rule. -
Elecciones primarias en Venezuela 2023: lo que hay que saber
via nytimes.comDiez candidatos de la oposición se están postulando para enfrentarse al presidente Nicolás Maduro en 2024. Se espera que María Corina Machado, una exdiputada, gane la contienda. -
Venezuela Holds a Key Vote on Sunday. Here’s What You Need to Know.
via nytimes.comTen opposition candidates are running to face off against President Nicolás Maduro next year. A center-right former legislator, María Corina Machado, is widely expected to win. -
Book Review: ‘Judgment at Tokyo,’ by Gary J. Bass
via nytimes.comIn “Judgment at Tokyo,” the political scholar Gary J. Bass examines the post-World War II prosecution of Japanese military atrocities and makes the case for the real efficacy of international law. -
4 Ukrainian Children Return From Russia After Intervention by Qatar
via nytimes.comKyiv has said that thousands of children have been separated from their families and taken to Russia, in one of the most painful issues for Ukraine since the start of the war. -
Syrian Torture Hearing Begins in International Court
via nytimes.comThe International Court of Justice, in a case brought by Canada and the Netherlands, will determine whether President Bashar al-Assad violated the U.N. Convention Against Torture. -
Western Banks Helped Fund Blacklisted Oligarch’s Charity
via nytimes.comKonstantin Malofeyev’s foundation funds orphanages in occupied Ukraine. He denies that a child-removal program there is a war crime: “All of this is fake.” -
Western Banks Help Fund Blacklisted Oligarch’s Charity
via nytimes.comKonstantin Malofeyev’s foundation funds orphanages in occupied Ukraine. He denies that a child-removal program there is a war crime: “All of this is fake.” -
At BRICS Summit, Putin Tries to Rally Support
via nytimes.comLeaders of Brazil, India, China and South Africa addressed other topics, but Russia’s president, unable to attend in person because he is wanted for war crimes, put the war in Ukraine at center stage in the meeting. -
Profiteers of MiseryAggression, the Leadership Clause, and Private Military and Security Companies
AbstractSince its hailing as the ‘supreme international crime’ during the Nuremberg Trials, aggression has largely been neglected relative to other core international crimes. However, the escalation of the Russo-Ukrainian War starting in early 2022 is being held as an opportunity to breathe new life into this de facto dormant norm. This article seeks to address novel concerns as to the scope of liability permitted by the crime of aggression, which arise from Russia’s enthusiast -
Criminalizing Acts of Rebel Governance as War CrimesAn Assessment Focused on the War Crime of Sentencing or Execution without Due Process
AbstractThis article explores whether it is appropriate on legal and policy grounds to criminalize as war crimes the acts of governance performed by non-state armed groups controlling territory. Using the administration of justice by armed groups and the Al Hassan case before the International Criminal Court as a reference point, it sheds light on the problems raised by the adoption of an overly broad definition of the war crimes’ nexus to the armed conflict. When the definition of ‘ -
Jack Smith’s Experience in The Hague and the Trump Investigations
via nytimes.comIt is always difficult and risky to prosecute national leaders with some popularity among their people. -
A Sense of Mission at Risk as Israeli Reservists Resign to Protest New Law
via nytimes.comMilitary reservists are key to Israel’s defense capacity and a shared sense of national mission. But scores of reservists have resigned over a new law curbing judicial power, reflecting a widening rift in Israeli society. -
‘The Agreement Is Broken’: Israeli Reservists Resign to Protest New Law
via nytimes.comMilitary reservists are key to Israel’s defense capacity and a shared sense of national mission. But after a new law curbing judicial power, scores of reservists have resigned — reflecting a widening rift in Israeli society. -
Brazil Declines to Extradite Accused Russian Spy to U.S.
via nytimes.comAnalysts had seen the Russian as a potential candidate in a prisoner swap with Russia, which holds two Americans on spying charges, Evan Gershkovich and Paul Whelan. -
Prosecuting the Crime against Humanity of ApartheidThe Historic First Indictment in South Africa and the Application of Customary International Law
AbstractApartheid is a crime against humanity, yet no person has ever been prosecuted for this crime. In 2021 two individuals were indicted in South Africa for the crime of apartheid. This is an historic first in the country which gave the policy of apartheid its name and material content. The indictment is, however, also a reminder that the non-prosecution of apartheid is a legal and moral issue to be understood in the context of South Africa’s transition from apartheid to democracy. Furt -
Biden Orders U.S. to Share Evidence of Russian War Crimes With Hague Court
via nytimes.comThe step signals a major shift in American policy and ends months of resistance by Pentagon officials who feared setting a precedent that could pave the way for the court to prosecute U.S. troops. -
Putin Plans China Visit as a Russian Leader Joins a North Korea Celebration
via nytimes.comThe visits reflect Moscow’s ongoing efforts to strengthen ties with Asian allies, given its isolation from the West. -
Putin Will Attend BRICS Summit Via Video Call, Kremlin Says
via nytimes.comThe decision allows South Africa to avoid the predicament of whether to arrest the Russian leader, who is the subject of an international warrant, if he traveled to Johannesburg for a BRICS meeting. -
Putin Will Not Attend BRICS Summit, South Africa’s President Says
via nytimes.comThe decision allows South Africa to avoid the predicament of whether to arrest the Russian leader, who is the subject of an international warrant, if he traveled to Johannesburg for a BRICS meeting. -
Arresting Putin in South Africa Would Risk War, President Says
via nytimes.comThe assertion, made in a court affidavit, was the clearest indication yet that South Africa was seeking any way possible to avoid arresting the Russian leader on an international warrant at a long-planned BRICS summit in Johannesburg next month. -
South Africa Grapples With Putin’s Plan to Attend BRICS Summit
via nytimes.comAn arrest warrant for the Russian leader from the International Criminal Court has created a diplomatic quandary ahead of an August summit. -
Yoweri Museveni, Ugandan President, and Son Are Accused of Crimes Against Humanity
via nytimes.comTestimonies sent to the International Criminal Court detail accusations of torture and abuse committed against hundreds of victims before and after the elections in 2021. -
Understanding Russia’s Actions in Ukraine as the Crime of Genocide
AbstractThe new wave of Russia’s aggression against Ukraine that began on 24 February 2022, and the intensification of the armed conflict accompanied by grave breaches of international humanitarian law, has received significant scholarly attention. Many academic interventions have examined the developments in Ukraine through the frameworks of jus ad bellum and jus in bello. Some, however, have applied a genocide lens to make sense of reported numerous and widespread violations of internati -
What is Sexual about Sexual Violence?Narratives from International Criminal Law
AbstractResponding to the wider concern with how to understand the connections between sex and violence in the context of conflict-related sexual violence, this article examines how international criminal law constructs what is sexual about sexual violence. The article adopts a narrative expressivist approach to the knowledge generating effects of international criminal proceedings, using a discourse analysis of judgments and trial transcripts to demonstrate how ‘the sexual’ in sexua -
‘He Offered a Prayer for the Flier He Had Just Killed’Superior Orders at the US Army Trials in Manila, 1945–1947
AbstractThe US Army war crimes trials held in Manila from 1945 to 1947 prosecuted around 200 Japanese military personnel for war crimes committed against US prisoners of war and Filipino non-combatants. Japanese defendants attempted to argue, with little success, that the defence of superior orders justified their actions. General Douglas MacArthur (Supreme Commander for the Allies in the Pacific or SCAP) was adamant that superior orders would not serve to excuse alleged Japanese war criminals f -
Conscription to Fight a War of Aggression under International Criminal Law
AbstractThe criminalization of the unlawful use of force in international relations is not usually linked to conscription of an army to fight such a war. However, historical precedent in the Nuremberg and Tokyo International Military Tribunals established that conscription was part of the common plan to wage a war of aggression. After a brief history of conscription and its justifications, this article examines that precedent and then analyses how it could be put to use in a prosecution of the c -
South Africa Allowed Russian Plane Under U.S. Sanctions to Land at Base
via nytimes.comThe move could increase tensions between South Africa and the United States as it moves to isolate Moscow over the war in Ukraine. -
In The Hague, Zelensky Renews Call to Prosecute Russian War Crimes
via nytimes.comAs international support for an independent tribunal appears to be growing, the Ukrainian leader called for “true justice” for crimes in the war. -
At The Hague, Zelensky Renews Call to Prosecute Russian War Crimes
via nytimes.comAs international support for an independent tribunal appears to be growing, the Ukrainian leader called for “true justice” for crimes in the war. -
Zelensky Arrives in the Netherlands to Speak at The Hague, Dutch Media Reports
via nytimes.comThe Ukrainian president has long urged that Vladimir Putin and others be held to account under international law. -
South Africa’s Shifting Stance on Whether It Will Quit the I.C.C.
via nytimes.comAs the International Criminal Court seeks to arrest Vladimir Putin, South Africa objects to its “unfair treatment” of some countries, but sends mixed signals about withdrawing. -
Darryl Robinson, Justice in Extreme Cases. Criminal law Theory Meets International Criminal Law
RobinsonDarryl, Justice in Extreme Cases. Criminal Law Theory Meets International Criminal Law (Cambridge University Press, 2020) 225 pp. £85 (Hardback) ISBN 978-1-107-04161-5 -
Benjamin B. Ferencz, Last Surviving Nuremberg Prosecutor, Dies at 103
via nytimes.comIn addition to convicting prominent Nazi war criminals, he crusaded for an international criminal court and for laws to end wars of aggression. -
The Russians Took Their Children. These Mothers Went and Got Them Back.
via nytimes.comMaking a nerve-wracking 3,000-mile journey from Ukraine, into Russia-occupied territory, and back again, a group of mothers managed to recover their children from the custody of the Russian authorities. -
Custody of a Russian Girl Who Drew an Antiwar Picture Is Still Undecided
via nytimes.comThe authorities are determining who will take custody of Maria, 13, whose single father has been sentenced for “discrediting” the Russian Army. -
Russia Accused of Spreading Disinformation at U.N. Event
via nytimes.comMoscow used its rotating presidency of the Security Council to host a session on deported Ukrainian children, leading some officials to walk out. -
Russia Accused of Spreading Disinformation at U.N. Security Council
via nytimes.comMoscow used its rotating presidency of the Security Council to host a session on deported Ukrainian children, leading some officials to walk out. -
Relocation Issues of Released and Acquitted at International Criminal Courts and TribunalsA Defence Perspective
AbstractThe study of the treatment of released and acquitted persons by international courts and tribunals (ICTs) has been one of the most neglected aspects of international criminal justice. The system rests on the cooperation of states with the ICTs. However, this cooperation when it exists, often ceases when the trial has ended. Regarding the objective of delivering justice, states appear to have either forgotten or refused to accept that both acquittals and the eventual release of convicted -
Days Into Russia’s U.N. Security Council Presidency, Britain Draws a Line
via nytimes.comRussia had made it clear that a Kremlin official accused of war crimes related to Ukrainian children would be addressing a Council meeting on Ukrainian children. -
Strange Days at the U.N. as Russia Takes the Helm of the Security Council
via nytimes.comThe monthlong presidency of an organization dedicated to preserving world peace is now in the hand of a nation waging the biggest land war in Europe in decades. -
Maria Lvova-Belova, the Children’s Rights Advocate Accused of Russian War Crimes
via nytimes.comMaria Lvova-Belova says she is running a humanitarian evacuation of abandoned Ukrainian children. The International Criminal Court accuses her of abducting them wholesale. -
Terminal Illness and Compassionate ReleaseLessons for the ICC from the UN Tribunals and National Jurisdictions
AbstractInternational prisoners can apply for early release. However, terminally ill prisoners seeking release in the international criminal justice system face significant legal and practical obstacles. This is particularly the case for prisoners convicted by the International Criminal Court (ICC): there is currently no framework for granting compassionate release prior to serving the statutory required amount of a sentence. To build a foundation for recommendations for the creation of a system -
Putin Allies Must Decide Whether to Host a Wanted Man
via nytimes.comThe International Criminal Court’s arrest warrant for President Vladimir V. Putin could thrust his allies into domestic and foreign legal disputes, experts say. -
State Dept. Proposes Joint Tribunal to Try Russian Leaders
via nytimes.comThe proposed court, a joint effort by Ukraine and other nations, would investigate the Kremlin for the crime of aggression, but there’s a catch: President Vladimir V. Putin could be immune from prosecution.
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