International Criminal Court

G7 Leaders' Statement

Retrieved on: 
Saturday, February 24, 2024

Instead, he is forcing his own people to pay a heavy price for his government's reckless actions each day.

Key Points: 
  • Instead, he is forcing his own people to pay a heavy price for his government's reckless actions each day.
  • He has drained Russia's resources to fund an unnecessary war, torn Russian families apart, and claimed hundreds of thousands of Russian lives.
  • We are stepping up our security assistance to Ukraine and are increasing our production and delivery capabilities, to assist the country.
  • We praise Ukraine's achievements to date and welcome the European Council's decision last December to open accession negotiations with Ukraine.

The Courage Projects Demands Action for More Than 20,000 Ukrainian Children Taken by Russia

Retrieved on: 
Friday, February 23, 2024

NEW YORK, Feb. 23, 2024 /PRNewswire/ -- A day before the two-year anniversary of Russia's war on Ukraine, three Ukrainian children gave testimony at the United Nations, detailing their experiences being abducted by Russian forces. In recounting their personal stories, 13-year-old Sasha, 11-year-old Ilya, and 14-year-old Kira sought to advocate for the release of more than 20,000 kidnapped Ukrainian children remaining in Russian captivity. The closed-door session marked the first time that U.N. members have heard directly from survivors of Russia's mass child abduction, a violation of the Genocide Convention.

Key Points: 
  • In recounting their personal stories, 13-year-old Sasha, 11-year-old Ilya, and 14-year-old Kira sought to advocate for the release of more than 20,000 kidnapped Ukrainian children remaining in Russian captivity.
  • The Ukrainian government has identified more than 20,000 cases of children who have been unlawfully abducted, while Russia continues to illegally transfer Ukrainian children to Russian territory.
  • Sasha, Ilya, and Kira are among only a few hundred Ukrainian children who have been rescued from Russian captivity.
  • Russia has passed legislation making it easier for Russian families to adopt Ukrainian children and to grant them Russian citizenship.

His Majesty King Abdullah II of Jordan to visit Canada

Retrieved on: 
Sunday, February 11, 2024

OTTAWA, ON, Feb. 11, 2024 /CNW/ - The Prime Minister, Justin Trudeau, today announced that His Majesty King Abdullah II of Jordan will visit Canada on February 14, 2024.

Key Points: 
  • OTTAWA, ON, Feb. 11, 2024 /CNW/ - The Prime Minister, Justin Trudeau, today announced that His Majesty King Abdullah II of Jordan will visit Canada on February 14, 2024.
  • During the visit, the two leaders will discuss peace and security in the Middle East.
  • "The partnership between Canada and Jordan is deep and enduring.
  • This will be His Majesty King Abdullah II's seventh visit to Canada since his ascension to the throne in 1999.

UK and US may recognise state of Palestine after Gaza war – what this important step would mean

Retrieved on: 
Tuesday, February 6, 2024

The US and UK governments have indicated they are considering recognising Palestine as a state after the current conflict ends.

Key Points: 
  • The US and UK governments have indicated they are considering recognising Palestine as a state after the current conflict ends.
  • US secretary of state, Antony Blinken, meanwhile told US media site Axios that he had commissioned the State Department to review potential options for US and international recognition of a Palestinian state.
  • Previously, US policy towards Palestinian statehood had been that this was a matter for negotiations between Israel and the Palestinian Authority.
  • International recognition would usher in a new phase for the realisation of Palestinian statehood.

Getting recognised

  • There is a detailed and complex process by which new states are recognised under international law, established in 1933 by the Montevideo convention on the rights and duties of states.
  • It abstained in the UN general assembly vote in 2012 that granted the non-member observer status at the UN.
  • It would change the situation to an international armed conflict which involves one or more states taking up arms against another.

Establishing accountability

  • In 2021, the ICC prosecutor initiated investigations into the “situation in the state of Palestine”.
  • In respect to the territorial scope of this jurisdiction and investigation, it extends to Gaza and the West Bank, including East Jerusalem.

Palestine’s obligations

  • Recognition as a state would involve certain obligations on the part of Palestine, both in terms of international law and human rights.
  • States have concrete obligations and duties under international law in relation to how they deal with armed conflicts.
  • They are also obliged to act according to international law in recognising and protecting human rights in the territory under their jurisdiction.


Tonny Raymond Kirabira does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

The UN’s top court didn’t call for a ceasefire in Gaza – how does NZ respond now?

Retrieved on: 
Tuesday, January 30, 2024

While South Africa’s application was not thrown out, and the ICJ accepted it could rule on what is happening in Gaza, there was no provisional order for an immediate ceasefire.

Key Points: 
  • While South Africa’s application was not thrown out, and the ICJ accepted it could rule on what is happening in Gaza, there was no provisional order for an immediate ceasefire.
  • This leaves New Zealand’s options less clear than in the case of Russia and Ukraine.
  • But New Zealand will now have to take stock of what the ICJ has ordered in the case of Gaza.

Push for humanitarian aid

  • The previous government focused on the “good faith” application of the Genocide Convention rules when it joined the proceedings in the Russia-Ukraine case.
  • There is scope to expand New Zealand’s thinking on this further if it joins the next stage of the ICJ process over Gaza.
  • The importance of supporting such humanitarian assistance has been a standard New Zealand demand since this latest conflict began.

Uphold international law

  • The ICJ went one step further than ruling on the Genocide Convention by emphasising that “all parties to the conflict in the Gaza Strip are bound by international humanitarian law”.
  • One of the shortcomings of South Africa’s case was that it focused on the most significant issue of all – genocide – but risked eclipsing dozens or hundreds of other possible violations of international humanitarian law.
  • Just as individuals should be held accountable for war crimes and crimes against humanity at the International Criminal Court, states should be held accountable under international humanitarian law at the ICJ, as much as they are for allegations of genocide.


Alexander Gillespie does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

British king acknowledges colonial atrocities in Kenya – here's what could happen next

Retrieved on: 
Tuesday, November 7, 2023

On his official visit to Kenya, King Charles III acknowledged Britain’s colonial era “wrongdoings”.

Key Points: 
  • On his official visit to Kenya, King Charles III acknowledged Britain’s colonial era “wrongdoings”.
  • He also paid tribute to Kenyan soldiers who had participated in the first and second world wars on behalf of Britain.
  • British colonial rule in Kenya was characterised by injustices.
  • Among these were forceful dispossession of indigenous people’s land, torture, detention and brutal suppression of anti-colonial movements.
  • In 2020, Belgium’s King Philippe expressed regrets about the colonial legacy in the Democratic Republic of the Congo.

The options

  • They are normally commissioned by states to investigate previous wrongdoings and make recommendations.
  • Belgium, for instance, set up a Special Parliamentary Commission to deal with the country’s colonial legacy.
  • Criminal prosecutions: This is not a real option because colonial crimes are state crimes.
  • International law and the framework of transitional justice push the envelope beyond symbolism, and offer potential for actual reparations, but also foster reconciliation.

Why it matters

  • In the past decade, Kenyan groups have filed a series of colonial-era compensation claims in the UK, relating to Britain’s brutal suppression of the Mau Mau insurgency.
  • In 2013, when Kenya was marking its 50th independence anniversary, the UK Foreign Office announced it would be settling claims of Kenyans relating to the Mau Mau events.


Tonny Raymond Kirabira does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Nagorno-Karabakh: the world should have seen this crisis coming -- and it's not over yet

Retrieved on: 
Friday, September 29, 2023

The New York Times recently wrote about what’s now happening in Nagorno-Karabakh that “almost no one saw it coming”.

Key Points: 
  • The New York Times recently wrote about what’s now happening in Nagorno-Karabakh that “almost no one saw it coming”.
  • Armenians, as well as those who have followed the conflict, have warned for a long time that this was coming.
  • The EU could only appeal for restraint and was relieved when the fighting stopped after two days.

Global inaction

    • During the summer, the situation worsened for the 120,000 residents of Nagorno-Karabakh, with acute shortages of food, petrol and medicine.
    • But no measures of force whatsoever were put behind this demand and there were no sanctions, or even threats of sanctions.
    • You can bring down a humanitarian crisis on more than a 100,000 people, even to the brink of genocide, without suffering anything but verbal condemnations.

This is ethnic cleansing

    • The last straw was the 24-hour bombardment on September 19 that has finally driven the ethnic Armenian population from their homes.
    • I therefore believe it is correct to call this ethnic cleansing.
    • Five days before the Azerbaijani attack on the enclave a representative of the US government said that the USA would not tolerate the ethnic cleansing of Nagorno-Karabakh.
    • Now it has happened and Washington seems to tolerate it, if the lack of sanctions on Azerbaijan are any indication.

It is not over

    • The first target will be the southern part of Armenia, the province of Syunik, which Azerbaijan calls Zangezur.
    • Should the regime in Baku get away with this with impunity, it will be inspired to continue its aggression against Armenians.
    • The lesson of the tragedy now unfolding in Nagorno-Karabakh is that verbal condemnations and appeals do not stop the aggression of authoritarian states.

Ukraine and Russia traded barbs in the UN's top court over the legality of the invasion. What could happen next in the case?

Retrieved on: 
Wednesday, September 27, 2023

Ukraine accuses Russia of violating the Genocide Convention by falsely claiming its invasion was required because Ukraine’s government and military were committing genocide against Russian speakers in eastern Ukraine.

Key Points: 
  • Ukraine accuses Russia of violating the Genocide Convention by falsely claiming its invasion was required because Ukraine’s government and military were committing genocide against Russian speakers in eastern Ukraine.
  • The ICJ heard from Ukraine, Russia and 32 other countries in hearings that will determine if the case moves forward.

Why does Russia object to the case proceeding?

    • Russia is arguing the ICJ does not have jurisdiction to proceed with the case.
    • As such, there is no dispute between it and Ukraine regarding the “interpretation, application or fulfilment” of the Genocide Convention.

What happened at the hearings?

    • Russia’s representative, Gennady Kuzmin, referred to Ukraine’s “Western handlers” and alleged Ukrainian Nazi associations no less than 37 times.
    • Ukraine’s representative, Anton Korynevych, boldly declared that “every missile that Russia fires at our cities, it fires in defiance of this court”.
    • As a result, it argued the case falls within the confines of the Genocide Convention.
    • The ICJ has taken great pains to ensure its proceedings in this case are impartial and legitimate.

What happens next?

    • The fact that 32 countries considered it necessary to intervene at this stage attests to that.
    • Ukraine has also requested the court order Russia to pay compensation for the damage caused by the war.

If this is what international justice looks like, is it useful?

    • However, this is the limit of the court’s power.
    • It cannot enforce its judgment using an international police force, for no such thing exists.
    • It cannot – in contrast to the International Criminal Court – issue a warrant for Putin’s arrest.

Azerbaijan's use of force in Nagorno-Karabakh risks undermining key international norms, signaling to dictators that might makes right

Retrieved on: 
Wednesday, September 27, 2023

What she found was frustration: “Sanction Azerbaijan or go back to your country!

Key Points: 
  • What she found was frustration: “Sanction Azerbaijan or go back to your country!
  • Should the authoritarian regime in Azerbaijan be allowed to act with impunity in Nagorno-Karabakh, then I fear it will only further erode the international principle of nonuse of force.
  • And it was not entirely unexpected; troops had been building up for weeks prior to the assault.
  • The Nagorno-Karabakh Republic had been in de facto existence since 1991, though never formally recognized by any nation or international body.

‘Reintegrating’ or ‘ethnic cleansing’

    • The Azerbaijani government in the capital Baku presents its country as a multiethnic, cosmopolitan society in which the Armenian population can fully participate, with all of its cultural rights guaranteed.
    • But the regime in Baku has a well-founded reputation for authoritarianism, suppression of dissent and repression of the Armenian population in particular.
    • If most of the population leaves, as expected by a senior Nagorno-Karabakh official, that could amount to about 120,000 people.

Washington and Moscow weigh in

    • But she did attest to the “violence, deprivation and … fear” of Armenians living under the government of Azerbaijan.
    • Power also mentioned the commitment by Washington to allocate US$11.5 million in relief.
    • For 25 years after the First Karabakh War ended in 1994 with a cease-fire, Washington co-chaired negotiation efforts with Paris and Moscow to find a resolution through what was known as as the Minsk Group.
    • There have been numerous flare-ups ever since, with Azerbaijani forces attacking both Nagorno-Karabakh and Armenia proper.

Larger geopolitical picture

    • Resolving the Nagorno-Karabakh dispute was one of the few areas of agreement and collaboration between Washington and Moscow.
    • The close alliance between Azerbaijan and Turkey, as well as with Israel, and the regional interests of Iran further complicate matters.
    • Moscow – Armenia’s long-standing ally – has in the meantime been preoccupied with events in Ukraine.

Challenging international norms

    • It was emphasized time and again that resorting to the use of force would not be acceptable, and all the parties committed to pursuing a peaceful resolution.
    • In line with similar foreign policy decisions made by Moscow in regards to Ukraine or the Syrian government against its own people, international observers are pointing to a resurgence in the use of force as a norm in international affairs.
    • If Azerbaijan carries on with impunity in Nagorno-Karabakh, it will send a signal to authoritarian leaders around the world that might makes right.

The global approach to serious crimes is shifting to domestic trials – here’s what I found in three African countries

Retrieved on: 
Monday, September 25, 2023

But prioritising domestic accountability for the most serious crimes has both advantages and disadvantages.

Key Points: 
  • But prioritising domestic accountability for the most serious crimes has both advantages and disadvantages.
  • In a recently published book, International Criminal Tribunals and Domestic Accountability: In The Court’s Shadow, I analyse the complex relationship between international and domestic accountability initiatives.
  • I also look at how an ongoing shift from international to domestic trials has impacted the global fight against impunity.

Domestic justice

    • Read more:
      Putin and the ICC: history shows just how hard it is to bring a head of state to justice

      This is one of the reasons that domestic justice is now celebrated as quicker, cheaper and more victim-friendly.

    • Just two decades after the International Criminal Court was created, many stakeholders now argue that “the future of international criminal justice is domestic”.
    • To better understand the relationship between international and domestic trials, I studied three African cases.
    • But based on 30 years of international criminal justice interventions on the African continent, I identified four trends.

Trends shaping international interventions

    • Today, the International Criminal Court handles between one and four international cases per country.
    • Second, with international criminal tribunals facing criticism in the 1990s and 2000s, the international community shifted attention to state-level accountability processes.
    • As the number of international trials decreased, domestic prosecutions increased in some countries.
    • What Kenyan choices tell us about international justice

      Third, there’s still little evidence that domestic justice performs better than international criminal tribunals.

    • But the Congolese army has used international support to consolidate its power at the expense of the civilian justice sector.

Way forward

    • First, international criminal tribunals sometimes unintentionally cast an “authoritarian shadow” over domestic justice efforts.
    • Second, too much emphasis on national trials may promote illiberal tendencies in some contexts.
    • I encourage a more critical look at how international and domestic justice relate to one another.