04 March 2026
Setting It in Stone
Is "business as usual" in conflict zones officially a crime? As France’s Court of Cassation prepares to rule on the Lafarge case, the legal focus shifts from the company’s commercial motives to its operational awareness. By prioritizing "knowledge" over "criminal purpose," this landmark decision could dismantle the final legal shield for corporations operating alongside atrocity crimes. Continue reading >>
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26 February 2026
The Securitarian Turn in Italian Criminal Law
In 2025 and 2026, Italy’s far-right government pushed through two far-reaching “Security Decrees” using emergency powers. The two Security Decrees differ in content and together amount to a wide-ranging reform of the Italian criminal justice system. Yet, despite their apparent heterogeneity, they share a number of features that point to a common securitarian and illiberal approach. Continue reading >>
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06 October 2025
Terrorists Cannot be Tried Twice
On September 11, 2025, the CJEU ruled that Spain cannot prosecute an ETA leader for terrorist acts after her prior conviction in France for related offenses activates the ne bis in idem principle. The Court emphasized that “same acts” are defined by materially identical conduct, regardless of differing legal classifications in Member States. This decision highlights the limits of parallel prosecutions under EU law, even in complex cross-border terrorism cases. Continue reading >>
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21 August 2025
Pardons, Criminal Theory, and Political Sociology
Donald Trump’s use of the presidential pardon has transformed a constitutional power into a tool of personal loyalty and partisan retribution. Rather than correcting injustice, his pardons reward allies, shield loyalists, and punish critics. This shift reflects not only a philosophical challenge to the logic of criminal law, but also a deeper sociopolitical trend: the erosion of accountability through transactional governance. As legal boundaries blur and institutional checks falter, the rule of law itself is drawn into the orbit of authoritarian impulse. Continue reading >>
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20 August 2025
Attacks on Reproductive Control
In the U.S., authoritarian populists exploit gender politics by criminalizing pregnancy, restricting reproductive rights, and using criminal law to undermine women’s autonomy. Under Trump, these dynamics intensified, ranging from nationwide abortion bans to the erosion of healthcare protections and threats to contraception access. Such measures tap into racial and economic anxieties, reinforce patriarchal power, and resonate far beyond the United States. Continue reading >>
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21 July 2025
Decriminalising Abortion in England and Wales
On 17 June 2025, British MPs took an important step in decriminalising abortion against a backdrop of rising prosecutions for "later" abortion. Once the amended Crime and Policing Bill becomes law, people who voluntarily end their own pregnancies will be exempt from criminalisation. But, unless a further amendment is made, those good faith actors who provide abortion, or support others in getting access, remain at risk of criminal investigation. Five aspects of the recent legal changes are worth emphasising as lessons for a strategic perspective on defending, and even expanding, reproductive freedom. Continue reading >>
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24 June 2025
The Future of International Criminal Law is Domestic
Domestic courts are increasingly stepping in where international institutions falter, becoming key enforcers of international criminal law. The conviction of Syrian doctor Alaa M. in Germany exemplifies the potential of universal jurisdiction to deliver justice beyond borders. While the ICC remains blocked in the Syria situation, national trials offer credible, survivor-driven accountability. Rather than being a fallback, domestic prosecutions are emerging as a central pillar of international criminal justice. Continue reading >>02 May 2025
Criminalising Boycott Calls
Can a call for boycott ever amount to hate speech? In an era of deepening political divides, the question is increasingly influenced by geopolitics rather than human rights law: The Turkish government's criminalization of boycott calls in response to protests against political repression highlights the dangers of weaponizing hate speech laws, echoing a global double standard that undermines the universal application of human rights protections. Continue reading >>
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20 December 2024
Charting Change
The ongoing reform of the Polish Prosecution Service, initiated by separating the roles of Prosecutor General and Minister of Justice, aims to restore the rule of law and enhance the institution's independence and effectiveness. Yet, achieving this goal requires comprehensive reforms to address longstanding issues and external factors. Success hinges on legislative support, particularly from the Ministry of Justice, and overcoming resistance to change among prosecutors, marking a potential new era for the institution. Continue reading >>
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19 April 2024
Without a Doubt
The German Federal Court of Justice recently announced that the exclusion of functional immunity for foreign state officials in cases of international crimes is “without a doubt” part of customary international law. Like many others in academic literature, we agree with this conclusion – the German government would be well advised to embrace it and put an end to its long-standing ambiguous position on the matter. Continue reading >>
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