The CLOUD Act
A new way for international tribunals to access digital evidence
From violent protests in Sudan to airstrikes in Syria, access to online open source material and digital information is becoming essential for the fight against impunity. Open Source Information is publicly available information that anyone can lawfully obtain by request, purchase, or observation. Today’s international criminal and human rights investigations increasingly rely on digital data, such as content posted on social media platforms, to support criminal proceedings and ultimately hold …
The alleged seizure of the El Hiblu 1 by rescued migrants
Not a case of piracy under the law of the sea
On 28 March 2019, a Maltese patrol vessel intercepted the Palau-flagged tanker vessel El Hiblu 1 (IMO: 9753258) at the outer limit of Malta’s territorial sea, and the ship was subsequently boarded and secured by a Maltese special operations team using a helicopter. The reason for this operation was that the El Hiblu 1 had allegedly been hijacked by members of a group of migrants it had rescued earlier, and that these migrants had …
The ICC’s ‘Evidence Problem’
The Future of International Criminal Investigations After the Gbagbo Acquittal
On 15 January, Trial Chamber I acquitted Laurent Gbagbo and Charles Blé Goudé of crimes against humanity. This is an important decision. Gbagbo is the first former head of state to be tried by the ICC, and his acquittal comes just months after the controversial acquittal of Jean-Pierre Bemba, a rebel-cum-vice-president of the DR Congo. Of course, as with Bemba (see here, here and here), international lawyers will disagree on …
A power struggle or something more?
The current disqualification saga at the United Nations International Residual Mechanism for Criminal Tribunals
The past six months at the United Nations International Residual Mechanism for Criminal Tribunals, the successor organisation of the International Criminal Tribunals for the former Yugoslavia and Rwanda (in the following: the Mechanism), have witnessed an unprecedented series of disqualification motions in both the Mladić and Karadžić appeals trials. While the events have been largely claimed to be the result of an internal power struggle between two senior judges at …
Kofi Annan and International Law in Kenya
Dr. Kofi Annan, the former Secretary General of the United Nations, died recently. Many Kenyans took to social media to mourn the death of the African diplomat they had come to know through his efforts in curbing the 2008 post-election violence. Annan and the 2007 Election in Kenya The 2007 election in Kenya was charged and emotive. Mr. Raila Odinga, the then President Kibaki’s main challenger, had assembled an impressive …
Endlich! – Erster Haftbefehl gegen einen ranghohen Vertreter des syrischen Assad-Regimes
Zur strafrechtlichen Verfolgung von im syrischen Bürgerkrieg verübten Verbrechen in Deutschland
Können mutmaßliche syrische Völkerrechtsverbrecher einfach unbehelligt nach Europa ein- und wieder ausreisen? Diesen Eindruck musste man bei der Lektüre eines Berichtes gewinnen, der vor einigen Wochen in der französischen Tageszeitung „Le Monde“ erschien. Bereits im Januar diesen Jahres sei Ali Mamluk, der als „Direktor des Nationalen Sicherheitsbüros“ der Ba’ath-Partei, seit Jahrzehnten eine feste Größe in dem syrischen Sicherheits- und Unterdrückungsapparat, auf Einladung des italienischen Geheimdienstes AISE nach Rom geflogen und …
The Philippines’ move away from the International Criminal Court over the war on drugs: A blow for human rights in Asia
As a signatory to every human rights treaty and being at the forefront of promoting international human rights, Philippines is considered as one of the “architects” of the United Nations and the human rights system. This was seen as a huge step forward for human rights in Asia. However, now with the decision to withdraw from the Rome Statute, and the International Criminal Court (ICC), this will be seen a …
The Kosovo Specialist Chambers
A New Chapter for International Criminal Justice in the Balkans
As the doors were closing on Churchillplein 1, the Hague, the former home of the International Criminal Tribunal for the former Yugoslavia (ICTY), only a short walk away a new institution began preparing indictments for war crimes committed during the Yugoslav wars.
Rainbow Jurisdiction of the International Criminal Court?
Gender-based Persecution of Gays, Bisexuals and Lesbians as a Crime Against Humanity
On 8 November 2017, something happened which can be seen as a milestone for gay rights: a communication was submitted to the Prosecutor of the International Criminal Court (ICC) that includes crimes committed based on the victims’ real or perceived sexual orientation. Such a case would be the first of its kind and, if successful, would create a strong message for the universal prohibition of gender-based crimes for all sexual …
Opt-in vs. Opt-out = opt-in-opt-out?
On the activation of the ICC’s jurisdiction over the crime of aggression
In December 2017, the States Parties to the International Criminal Court (ICC) had the chance to realize in New York what Robert H. Jackson called for in his opening statement before the International Military Tribunal in Nuremberg. While international criminal law was only applied against German aggressors at that time, the U.S. Chief Prosecutor emphasized that the condemnation of aggressive war should be the benchmark for any other nation in …