24 Februar 2023
What can(’t) international criminal justice deliver for Ukraine?
One year ago, Russia began its full-scale invasion of Ukraine, committing an act of aggression in violation of the UN Charter. Many more incidents of international crimes followed, adding to an already large number of unaddressed crimes going back to 2014. While investigations are underway, the failures to pursue accountability for international crimes committed by Russia in the past still need to be addressed in this context. Continue reading >>
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06 Januar 2023
A Ukraine Special Tribunal with Legitimacy Problems?
The call for a Special Tribunal for the Russian war of aggression in Ukraine ('UkrTrib') is also getting louder in the German political discourse. The proposal goes back to an initiative by the British international lawyer and writer Philippe Sands, who was quickly joined by a number of prominent politicians and international (criminal) lawyers), but this is misleading for several reasons, not least because the IMT was a consequence of the defeat of Nazi Germany and the following regime change, which in the case of Russia is unforeseeable. Continue reading >>
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01 August 2022
Fighting on the Business Front
Since 24th February 2022, international criminal justice has moved to ‘warp speed’: Russia’s flagrant aggression against the sovereignty and territorial integrity of Ukraine as well as the ensuing (and continuing) war has spawned a plurality of transformative developments across the whole realm of international criminal law. Last week, on 26th June 2022, these developments were further amplified by a statement issued by the Ukrainian government, which called for bringing war crimes charges against leaders and chairpersons of major international banks, including JPMorgan Chase, Citigroup, or HSBC. Continue reading >>
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20 April 2022
Can Putin Be Tried in Poland?
The Polish Minister of Justice decided to initiate proceedings against Russia for its military attack on Ukraine and possible war crimes and crimes against humanity. This may come as a surprise, especially after the prosecutor at the ICC has already started to act in this matter. But the initiation of proceedings in Poland is mainly symbolic and won't conflict with international investigations. An EU Member State investigating specific individuals for their involvement in a war crime would be a powerful signal. At the same time, the scale and specificity of the crimes in question go beyond the possibilities of a single country and require extensive condemnation and the participation of the international community. Continue reading >>
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25 November 2021
Der Internationale Strafgerichtshof zwischen „positiver Komplementarität“ und Politik
Vor kurzem hat der neue Chefankläger beim Internationalen Gerichtshof (IStGH) Karim A. A. Khan QC die Vorermittlungen gegen Kolumbien wegen möglicher Verbrechen in der Auseinandersetzung mit der Guerilla-Organisation Farc aus Gründen der Komplementarität eingestellt. Dieses ist nicht das erste Mal, dass die Anklagebehörde einen derartigen Weg wählt. Sie ist dabei nicht ohne Kritik geblieben - ein Anlass, diese Praxis ein wenig genauer anzuschauen. Continue reading >>
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08 Oktober 2021
Balancing Accountability and Legitimacy
As they have installed themselves as the de facto government of Afghanistan, the Taliban could theoretically be held accountable for potential crimes via inter-state proceedings. In practice however, that would run the risk of increasing the perceived legitimacy of the Taliban as the Afghan government. The announcement of Prosecutor Karim Ahmad Khan of the International Criminal Court on September 27 to resume investigations in Afghanistan in the form of criminal prosecution – and thus not as inter-state litigation – therefore deserves support. Continue reading >>
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12 Mai 2019
Hello – and Goodbye! How Royal Powerplay aborted Malaysia’s ICC Membership
On 5 April 2019, the United States revoked the visa of the ICC chief prosecutor because of her attempts to investigate allegations of war crimes in Afghanistan, including any that may have been committed by American forces. On the same day, Malaysia’s Prime Minister Mahathir Mohamad announced that his country was withdrawing its signature from the Rome Statute, just one month after having signed it. Did the Malaysian drama just coincide with Washington’s move? The most likely answer is yes. Rather, it reflects long-existing tensions between Malaysia’s federal government and the country’s royalty. Continue reading >>
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10 Dezember 2018
Of Rhetoric and Reality: The Nobel Peace Prize and Conflict-Related Sexualized Violence
Tonight, Denis Mukwege and Nadia Murad will jointly receive the Nobel Peace Prize in Oslo, Norway, “for their efforts to end the use of sexual violence as a weapon of war and armed conflict”. This event provides a good opportunity to take a look at the development of narratives and the legal treatment of conflict-related sexual violence. Continue reading >>
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15 März 2018
Bye bye, ICC! The Philippines’ farewell put into perspective
On 14 March 2018, Philippine President Rodrigo Duterte announced that the Philippines will withdraw from the International Criminal Court (ICC, the Court) “effective immediately.” Duterte’s intention to reject the ICC’s jurisdiction exemplifies the Court’s fragile foothold across Southeast Asia. Cambodia and the Philippines have been the only two ICC members among the ten ASEAN countries. Thailand signed the Statute in 2000, but not yet proceeded to ratification. An explanation of this Southeast Asian hesitation may be found in distinct attitudes and principles within and between the ASEAN countries. Continue reading >>
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10 Februar 2018