Justice in Conflict

17/07/2024

Dear all, I thought some JiC readers might find this podcast interview that I did with the Global Centre for the Responsibility to Protect to be of interest. During the interview, I reflect on current trends in international criminal justice. I shed some light on recent work I have been doing at the Wayamo Foundation, including a recent conference that brought together local, regional, and international experts in Abuja, Nigeria....

Dear all, I thought some JiC readers might find this podcast interview that I did with the Global Centre for the Responsibility to Protect to be of interest. During the interview, I reflect on curr…

30/05/2024

Kerstin Bree Carlson joins JiC for this guest-post on the ICJ’s decision on Israel's military operations in Rafah. Kerstin is associate professor at Roskilde University and The American University of Paris where she teaches topics in international law and sociology. Her current research examines terrorism trials in Denmark, France and Colombia. Civilians flee Rafah, in Gaza, Palestine (Photo; AFP) On 24 May 2024 the International Court of Justice (ICJ) made history and…...

Kerstin Bree Carlson joins JiC for this guest-post on the ICJ’s decision on Israel’s military operations in Rafah. Kerstin is associate professor at Roskilde University and The American Unive…

29/05/2024

The following is an open letter that I had the pleasure and honour of drafting alongside Canadian justice and accountability advocates, Alex Neve, Heidi Mathews, Kjell Anderson, Leilani Farha, and Michael Lynk. As can be seen below, it has been endorsed by a remarkable number of Canadian leaders. Our message is clear: Canada must end its dithering and support the ICC's work in Israel and Palestine....

The following is an open letter that I had the pleasure and honour of drafting alongside Canadian justice and accountability advocates, Alex Neve, Heidi Mathews, Kjell Anderson, Leilani Farha, and …

28/05/2024

Jasmina Brankovic and Augustine Njamnshi join JiC for this guest post on how the tools of transitional justice can serve as model for climate justice. Jasmina is the Senior Research Specialist at the Centre for the Study of Violence and Reconciliation, South Africa, and a Research Associate at the Institute for Integrated Transitions, Spain. She is co-author of The Global Climate Regime and Transitional Justice (Routledge 2018)....

Jasmina Brankovic and Augustine Njamnshi join JiC for this guest post on how the tools of transitional justice can serve as model for climate justice. Jasmina is the Senior Research Specialist at t…

25/05/2024

Dear readers, I wanted to share this interview with British journalist Owen Jones, which may be of interest to those following the landmark decision of ICC Prosecutor Karim Khan to request arrest warrants against senior Israeli and Hamas leaders over alleged war crimes and crimes against humanity. The interview covers many things, including: the basis of the ICC's jurisdiction; reactions of the United States and others to the Prosecutor's request; the importance of the Prosecutor's focus on crimes against humanity; the troubling invocation of "equivalency" by certain states and observers; what to expect if the Court issues warrants; and the consequences on states that sell Israel and Hamas weapons. We also cover why we should have hope for a better future in Israel and Palestine. As always, please share your feedback and thoughts! Mark

Dear readers, I wanted to share this interview with British journalist Owen Jones, which may be of interest to those following the landmark decision of ICC Prosecutor Karim Khan to request arrest w…

23/05/2024

Wreckage following airstrikes in Jabalia, Gaza (Photo: AFP / Getty) Whenever the International Criminal Court (ICC) opens an investigation into an ongoing war, versions of the following question will inevitably be asked: Does the pursuit of accountability risk leaving the warring parties with no incentive but to continue the fight? The same question is again being asked now that ICC Prosecutor Karim Khan has made…...

Wreckage following airstrikes in Jabalia, Gaza (Photo: AFP / Getty) Whenever the International Criminal Court (ICC) opens an investigation into an ongoing war, versions of the following question wi…

03/04/2024

The following is a guest post by Thomas Obel Hansen. Thomas is the Maria Zambrano 2023-24 Distinguished Researcher with the Universidad Carlos III de Madrid (Spain) and a Senior Lecturer in Law with Ulster University Law School/ Transitional Justice Institute (UK). (Photo: Flickr/DSmith) For almost six months, the United Nations Security Council (UNSC) had been unable to reach an agreement to take meaningful action with regard to the Gaza War....

The following is a guest post by Thomas Obel Hansen. Thomas is the Maria Zambrano 2023-24 Distinguished Researcher with the Universidad Carlos III de Madrid (Spain) and a Senior Lecturer in Law wit…

14/02/2024

Canadian Parliament in 2023 (Photo: AP) Last fall, Canadians were rightly appalled to learn that an alleged N**i veteran had been invited to sit in the House of Commons and received a standing ovation from MPs across the political spectrum. The story was not left behind in 2023. Reports now show that Prime Minister Justin Trudeau invited the Yaroslav Hunka to a special reception....

Canadian Parliament in 2023 (Photo: AP) Last fall, Canadians were rightly appalled to learn that an alleged N**i veteran had been invited to sit in the House of Commons and received a standing ovat…

02/02/2024

In response to the case over alleged genocide in Gaza, some defend Israel by arguing that it was founded by survivors of the Holocaust and therefore can't have committed genocide.

That's not right.

Victims of atrocities can & do become perpetrators:

(Photo: BBC / Getty Images) Israel is facing charges of genocide at the International Court of Justice (ICJ). This was not inevitable, and reasonable people can disagree over whether the contempora…

02/02/2024

(Photo: BBC / Getty Images) Israel is facing charges of genocide at the International Court of Justice (ICJ). This was not inevitable, and reasonable people can disagree over whether the contemporary legal threshold of genocide has been met. But the suggestion that a state created by victims of genocide could never be implicated or responsible for genocide, as made…...

(Photo: BBC / Getty Images) Israel is facing charges of genocide at the International Court of Justice (ICJ). This was not inevitable, and reasonable people can disagree over whether the contempora…

01/02/2024

Kerstin Bree Carlson joins JiC for this guest-post on the ICJ's interim decision in the South Africa case. Kerstin is associate professor at Roskilde University and The American University of Paris where she teaches topics in international law and sociology. Her current research examines terrorism trials in Denmark, France and Colombia. (Photo: Patrick Post / AP) Much has already been written…...

Kerstin Bree Carlson joins JiC for this guest-post on the ICJ’s interim decision in the South Africa case. Kerstin is associate professor at Roskilde University and The American University of…

31/01/2024

Barrie Sander joins JiC for this four-part series on what the situation in Israel and Palestine tell us about how we understand, construct, and tell stories about international law. Barrie is Assistant Professor of International Justice at Leiden University – Faculty of Governance and Global Affairs. Click here for part one, here for part two, and here for part three…...

Barrie Sander joins JiC for this four-part series on what the situation in Israel and Palestine tell us about how we understand, construct, and tell stories about international law. Barri…

26/01/2024

Barrie Sander joins JiC for this four-part series on what the situation in Israel and Palestine tell us about how we understand, construct, and tell stories about international law. Barrie is Assistant Professor of International Justice at Leiden University – Faculty of Governance and Global Affairs. Click here for part one and here for part two....

Barrie Sander joins JiC for this four-part series on what the situation in Israel and Palestine tell us about how we understand, construct, and tell stories about international law. Barrie is Assis…

25/01/2024

Barrie Sander joins JiC for this second article in a four-part series on what the situation in Israel and Palestine tell us about how we understand, construct, and tell stories about international law. Barrie is Assistant Professor of International Justice at Leiden University – Faculty of Governance and Global Affairs. The first part of the series, can be found here…...

Barrie Sander joins JiC for this second article in a four-part series on what the situation in Israel and Palestine tell us about how we understand, construct, and tell stories about international …

25/01/2024

Barrie Sander joins JiC for this four-part series on what the situation in Israel and Palestine tell us about how we understand, construct, and tell stories about international law. Barrie is Assistant Professor of International Justice at Leiden University – Faculty of Governance and Global Affairs (Photo: Getty Images) Part One – Introduction International law, like life, is awash with stories…...

Barrie Sander joins JiC for this four-part series on what the situation in Israel and Palestine tell us about how we understand, construct, and tell stories about international law. Barrie is Assis…

22/01/2024

The following article was written by Amanda Ghahremani and Mark Kersten and originally appeared in the Toronto Star. The Peace Palace, home to the International Court of Justice (Photo: Mark Kersten) South Africa has accused Israel of committing genocide in Gaza. The world is listening. As advocates of international law, we are profoundly disappointed by the recent discourse in Canadian media, which has distorted what is at stake here: not politics, nor history, but human life....

The following article was written by Amanda Ghahremani and Mark Kersten and originally appeared in the Toronto Star. The Peace Palace, home to the International Court of Justice (Photo: Mark Kerste…

19/01/2024

"Law, not war", a bench dedicated to the memory of former Nuremberg prosecutor Benjamin Ferencz, outside of the International Court of Justice in The Hague Israel has now responded to South Africa’s allegations of genocide in Gaza. In its submissions at the International Court of Justice (ICJ), Israel’s lawyers relied on a combination of legal and political arguments insisting that is not committing genocide....

“Law, not war”, a bench dedicated to the memory of former Nuremberg prosecutor Benjamin Ferencz, outside of the International Court of Justice in The Hague Israel has now responded to S…

11/01/2024

Joined CBC to discuss the International Court of Justice's hearings on the alleged genocide in Gaza.

Reasonable people can disagree on whether the genocide threshold has been met over Israel's conduct in Gaza. But the allegations and atrocities documented by South Africa are facts. They cannot be wished away. They must be addressed and those responsible held to account.

09/01/2024

The following is a guest post by Thomas Obel Hansen and Felix Vacas Fernández. Felix is an Assistant Professor in Public International Law and International Relations at the Universidad Carlos III de Madrid (Spain). Thomas is the Maria Zambrano 2023-24 Distinguished Researcher with the Universidad Carlos III de Madrid (Spain) and a Senior Lecturer in Law with Ulster University Law School/ Transitional Justice Institute (UK)....

The following is a guest post by Thomas Obel Hansen and Felix Vacas Fernández. Felix is an Assistant Professor in Public International Law and International Relations at the Universidad Carlos III …

08/12/2023

"Double standards in international criminal justice can be combated with a commitment to the consistent application of international criminal law regardless of where or by who atrocities are perpetrated, matched with sustainably resourced investigations... If the world is to move towards the development of an effective, fair, and consistent system of international criminal justice, double standards must be called out and resisted, no matter who pushes them."

A Palestinian child walks past burned out cars in Hawara, West Bank (Photo: Reuters) Victims and survivors of Hamas’ atrocities deserve justice. Victims and survivors of Israel’s atrocities deserve…

04/12/2023

A Palestinian child walks past burned out cars in Hawara, West Bank (Photo: Reuters) Victims and survivors of Hamas’ atrocities deserve justice. Victims and survivors of Israel’s atrocities deserve justice. They deserve more than just rhetoric or pleas to stop the violence. They deserve accountability for the litany of well-documented crimes already committed. These statements should not be controversial. But for some states and even some fair-weather international law and human rights advocates, any suggestion that alleged war crimes and crimes against humanity committed by Israel deserve independent and impartial investigation appears to be a bridge too far....

A Palestinian child walks past burned out cars in Hawara, West Bank (Photo: Reuters) Victims and survivors of Hamas’ atrocities deserve justice. Victims and survivors of Israel’s atrocities deserve…

30/11/2023

This week, I had the opportunity to speak before the House of Commons’ Standing Committee on Foreign Affairs and International Development in Ottawa. I spoke Canada's piecemeal commitment to international law and to the prosecution of international crimes. I appeared alongside Professor Jennifer Welsh and Professor Adam Chapnik. The full video of the speech and the questions and answer period can be found…...

This week, I had the opportunity to speak before the House of Commons’ Standing Committee on Foreign Affairs and International Development in Ottawa. I spoke Canada’s piecemeal commitment to …

12/11/2023

The Gaza Strip includes some 40km of coastline. Could it be a lifeline for aid to coming into Gaza and way for civilians to escape the continuous bombing by the Israeli Defence Forces?

The answer is yes, but only if it is organized and implemented by a coalition of states and humanitarian agencies not directly involved in the war in Gaza.

Israel’s blockade on Gaza must be lifted. Humanitarian ideals call for it. Law requires it. Basic decency demands it.

The latest at JiC: https://justiceinconflict.org/2023/11/10/a-lifeline-for-gaza-lifting-the-blockade-and-securing-a-humanitarian-sea-corridor/?fbclid=IwAR2pH8R0TG_M0V3Xw-NfnTOXfASCr2ZChz5UMUb3wK_CzUuyzVH6Oot0Rmk

Since 2007, Israel has enforced a blockade on Gaza, which human rights groups have repeatedly found to breach international law (Photo: Gaza) Food is running out. Surgeries and births are taki…

10/11/2023

Since 2007, Israel has enforced a blockade on Gaza, which human rights groups have repeatedly found to breach international law (Photo: Gaza) Food is running out. Surgeries and births are taking place without anaesthesia. Fuel shortages mean the only cancer hospital has closed. Without the basics needed to survive, the majority of Gazans are stuck while Israeli bombs fall and Hamas missiles are launched around them....

Since 2007, Israel has enforced a blockade on Gaza, which human rights groups have repeatedly found to breach international law (Photo: Gaza) Food is running out. Surgeries and births are taki…

26/10/2023

A version of this article was first published at Al Jazeera, here. Damage seen following the explosion at the al-Ahli Arab Hospital in Gaza (Photo: BBC) The devastating explosion of al-Ahli Arab Hospital in central Gaza, in which the Palestinian Health Ministry says at least 500 people were killed, shows exactly why the International Criminal Court (ICC) must investigate atrocities committed in Israel and Palestine....

A version of this article was first published at Al Jazeera, here. Damage seen following the explosion at the al-Ahli Arab Hospital in Gaza (Photo: BBC) The devastating explosion of al-Ahli Arab Ho…

24/10/2023

International investigations play a critical role in establishing responsibility for war crimes. Amidst contradictory and competing claims over wrongdoing that characterize conflicts, international investigations can help us see through the fog of war and pinpoint not just what happened, but who is responsible. The current conflict between Israel and Hamas calls for such an effort.

The BBC among others have sought to investigate the blast at the Al Ahli Hospital in Gaza International investigations play a critical role in establishing responsibility for war crimes. Amidst con…

07/07/2022

"Today, we are cognizant of the extensive support provided by states to organize armed groups engaged in warfare against their host state (in the form of rebel or secessionist groups) or fighting in foreign territory against other states. This is a dangerous phenomenon which seriously undermines international peace and security and, in its worst form, culminates in full-fledged international armed conflict. Addressing the fragmentation apparent in the control tests could go a long way in providing much-needed clarity and coherency to efforts aimed at holding states to account for their war crimes abroad." - Ananya Mukherjee

The following is a guest post by Ananya Mukherjee, a graduate of the West Bengal National University of Juridical Sciences, Kolkata who currently works with the Indian Institute for Human Settlemen…

27/06/2022

"The only way that criminals like traffickers and terrorists make money is by exploiting and harming their victims, by treating them as property, by selling them into illegal labour or s*x markets, or by killing, torturing, and stealing from them. The wealth such networks generate is money made off the backs of systemic human rights violations. Laundering their funds whitewashes criminals of their crimes and makes our governments, banks and financial institutions complicit in their underlying human rights abuses.

So, what can be done?"

https://justiceinconflict.org/2022/06/25/money-laundering-is-predicated-on-human-rights-violations-it-should-be-treated-as-such/

A version of the following was article was originally published at the Globe and Mail. (Image: The Globe and Mail)  The long-awaited Cullen Commission’s final report into money laund…

06/05/2022

"In Libya, migrants are external to the hostilities, as they are not associated with any party involved in the conflict. They are not subjected to crimes because of their identity, but because they are perceived as a commodity to advance political and military objectives."
https://justiceinconflict.org/2022/05/06/crimes-against-migrants-and-asylum-seekers-in-libya-heres-how-the-icc-has-jurisdiction/

Alessandro Pizzuti and Alice Giannini join JiC for this two-part guest post the International Criminal Court and its possible investigation into crimes committed against migrants in Libya. Alessadr…