June 8, 2019

The MMIWG Final Report and Genocide

By: Joseph Rikhof On June 3, 2019, the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMWIG) issued its final report (see here). The report is a monumental and impressive tour de force setting out in detail how historically Canadian governments have treated indigenous people with contempt and have used racist and discriminatory...

June 1, 2019

No Investigation in Afghanistan

By: James Hendry On April 12, 2019, Pre-Trial Chambers II released its decision denying the request of the Prosecutor for authorization to investigate the situation in the Islamic Republic of Afghanistan (here).  The decision of the Chambers is interesting not only because it carefully sets out the criteria for authorization of an investigation, but also...

May 23, 2019

No Head of State Immunity for Al Bashir in Jordan

By: James Hendry On May 6, 2019, the Appeals Chamber of the International Criminal Court (ICC) held that Jordan failed to comply with the Rome Statute when it did not arrest Al Bashir, the former Head of State of Sudan, when he was attending the Summit of the Arab League in Amman, Jordan in March,...

May 15, 2019

THE EUROPEAN COURT OF HUMAN RIGHTS AND INTERNATIONAL CRIMES

By: Joseph Rikhof Recently, this journal discussed the jurisprudence of the European Court of Human Rights (ECtHR) with respect to the international crime of genocide (Regime Change May Allow Prosecution of a Former Oppressive Regime’s Enforcers for Genocide). This article will discuss seven other decisions, which address various aspects of other international crimes, namely torture,...

May 6, 2019

The Legality of the charges against Khmer Rouge leaders

By: James Hendry On March 27, 2019 the Trial Chambers of the Extraordinary Chambers in the Courts of Cambodia released its long-awaited full reasons for the conviction in Trial 002/02 (Trial 2) of Nuon Chea and Khieu Samphan on November 16, 2018, who were leaders in the Khmer Rouge regime from 1975 to 1979 for...

April 29, 2019

“TRIED BY ANOTHER COURT” IN THE CONTEXT OF ADMISSIBILITY CHALLENGES: The Prosecutor v. Saif Al-Islam Gaddafi

By: Irit Weiser Introduction and Summary This article summarizes an April 5, 2019 decision of Pre-Trial Chamber I of the International Criminal Court (ICC) in The Prosecutor v. Saif Al-Islam Gaddafi, (Gadaffi) whereby Gaddafi challenged the admissibility of the case brought against him for crimes against humanity.  Relying largely on existing jurisprudence from other international...

April 17, 2019

The ECCC and International Criminal Law: Latest Developments

By: Joseph Rikhof On November 16, 2018, the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC), (see for an overview of its history, structure and operations here) issued its judgment in the case NUON Chea and KHIEU Samphan. At that time it issued only a summary of its reasons (discussed here)...

April 11, 2019

Karadžić receives life imprisonment

By: Joseph Rikhof On March 20, 2019, the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals, the successor tribunal to both the International Criminal Tribunal (ICTY) for the former Yugoslavia and for Rwanda  (ICTR) issued its decision in the case of Radovan Karadžić (Karadžić). The Trial Chamber decision, from which Karadžić had appealed,...