21 December 2023
Everybody’s Business
War has devastated Sudan since it first broke out on 15 April 2023. What started as a power play between the country’s two most powerful armies, the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RSF), has since metastasized into a major civil war. International actors have not paid this war the high-level attention it requires and deserves. This blog explains why international actors need to pay more attention to what is happening in the strategically located country at the crossroads between the Red Sea and the Sahel, between the Arab and African worlds. The war threatens Sudan’s integrity as a state, displaces millions and draws in neighbouring and other regional countries, all in a region already in turmoil because of coups, insurgencies and violent extremism. Continue reading >>
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17 October 2023
Solidarity with Israel, but no Blank Check
The actions of Hamas have been called in a detailed declaration drafted by Israeli international lawyers, also signed by this author, for what they are: core crimes under international law, possibly even amounting to genocide directed against the Jewish population of Israel. This should be beyond dispute among international (criminal) lawyers. Nonetheless, especially in Germany we have to critically ask ourselves the follow-up question of how far our support for Israel’s military counterattack can go. Continue reading >>27 September 2022
Mobilized to Commit War Crimes?
In that earlier post, I argued that states have a legal obligation to recognize the refugee status of Russian troops who flee to avoid participating in what is a war of aggression. That argument applies equally to this new scenario. Those who refuse to fight and who leave Russia to avoid doing so should be recognized as refugees. However, there is now an additional way to ground that claim. Continue reading >>
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06 June 2022
Compensation Without Recognition
The German-Italian dispute over civil liability for Germany’s crimes during World War II has developed into a veritable saga. This saga, however, might come to an end soon. By passing the Decree-Law of 30 April 2022, No. 36, the Italian government has temporarily blocked the distraint of properties of Germany located in Rome. Furthermore, the Decree-Law has established a fund through which the Italian government aims to definitively close the issue by paying compensation to the victims in place of Germany. Even if in the future Germany decides to contribute to those compensations, such a solution would fail to acknowledge that historical justice is not just about financial compensation. It is about listening and recognition. 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 February 2022
A Terrible Crime
International law, it is often said, has lost its normative power. The opposite is true. Continue reading >>
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