Could the Rome Statute apply to those responsible for the Israeli settlements in the West Bank? – Simon McKenzie

02/11/202002/11/2020 Editors Analysis, Articles

It has been over 50 years since the beginning of the Israeli occupation of the Palestinian territories. It is estimated that there are approximately 750,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. Simon McKenzie’s new book discusses whether international criminal law could apply to those responsible for allowing and promoting the growth of these settlements, and examines what this application would reveal about the operation of international criminal law.

In December 2019, Fatou Bensouda, the Prosecutor of the International Criminal Court (ICC), announced that there was enough evidence to open an investigation into alleged Israeli and Palestinian war crimes in the West Bank, East Jerusalem and the Gaza Strip. One of the most consequential parts of this investigation will be examining whether those responsible for promoting and maintaining the settlements in East Jerusalem and the West Bank – where an estimated 750,000 Israelis currently live – should be held criminally responsible under the Rome Statute. This raises complex legal questions, demonstrating the challenges of incorporating some parts of international humanitarian law (IHL) into international criminal law.

My book examines how the Rome Statute applies to the settlements in the West Bank through a close examination of two relevant Rome Statute crimes: the war crime of the transfer of population, and the war crime of unlawful appropriation of property. The crimes are based on international humanitarian law, and more specifically, the Fourth Geneva Convention prohibition on the transfer of population of the occupying power into occupied territory, and the 1907 Hague Regulations rules on the management of property during an occupation. The analysis shows that while the crime of transfer of population is a suitable vehicle for a prosecution, the lack of clarity in the underlying law will make the crime of appropriation of property much harder to prosecute.

A stitch in time: Examining the Ayyash et. al. verdict – Raghavi Viswanath

06/10/202006/10/2020 Editors Analysis, Articles 1 Comment

On 18 August 2020, the Special Tribunal for Lebanon (‘STL’) issued its long-anticipated judgment on the trial of the four accused of killing former Lebanese Prime Minister Rafik Hariri and 21 others in an explosive attack in February 2005. After a six-year long trial that brought 297 witnesses and 3135 exhibits to the stand, the Tribunal found one of the four accused, Salim Ayyash, guilty of being a co-perpetrator of a terrorist act, of intentional homicide, and of conspiracy to assassinate Hariri. The remaining accused were acquitted on all counts.

The judgment has drawn charged responses – from academics, civil society, and the victims. This does not come as a great surprise; after Hariri’s assassination, Lebanon plunged into a state of political anarchy, with its former Western and Gulf allies warring with terrorist outfits such as the Hezbollah. Lebanon has not recovered since, a prospect which has only become bleaker after the debilitating explosion in Beirut in August 2020.

For the people of Lebanon, a judgment by an internationalized tribunal on terrorism in Lebanon presented an opportunity to recognise and validate their plight, particularly that of the victims of the February 2005 blast. This explains why many victim groups were unhappy about the acquittals in Ayyash et. al. Compounded by the fact that the trial was removed from the seat of the political conflict and the Tribunal did not have the authority to award reparations, the Tribunal is regarded by some to have failed the victims.

Space Laws: Criminal Jurisdiction in Outer Space – Danielle Ireland-Piper

17/10/201917/10/2019 Editors Analysis, Articles

In August 2019, reports emerged of NASA investigating an allegation that an astronaut committed a crime in space. This gives rise to the question: what criminal law is to guide individuals in outer space? In that particular instance, the answer is relatively straightforward because both the alleged perpetrator and alleged victim are United States nationals and because the alleged conduct took place on the International Space Station (ISS), which is governed by an agreement with specific provisions on criminal jurisdiction. In sum: the law of the United States applies. However, if the victim or perpetrator had been of different nationalities, and had the conduct taken place other than on the ISS, the answer might be more complex.

Private prosecutions for international crimes: the High Court of Australia closes the door on individuals seeking to end impunity – Keilin Anderson

18/09/201918/09/2019 Editors Articles 1 Comment

Last week, the High Court handed down its judgment in Taylor v Attorney-General [2019] HCA 30. It was a close call with a slim 4:3 majority dismissing the application. The decision concerned the attempted prosecution of Aung Sun Suu Kyi under Division 268 of the Criminal Code Act 1995 (Cth) (Criminal Code) which represents Australia’s implementation of the Rome Statute and the source of our universal jurisdiction over international crimes.

The case highlights some complex questions – that arguably linger – about the significant procedural hurdles facing the prosecution of international crimes in Australia.

ICC Appeals Chamber resurrects controversial customary international law argument to find Al-Bashir has no immunity before international courts – Keilin Anderson

15/05/201915/05/2019 Editors Analysis, Articles 1 Comment

Last Monday the Appeals Chamber (AC) of the International Criminal Court (ICC) delivered its judgment on the question of Omar Al-Bashir’s immunity from prosecution for international crimes. In addition to the majority judgment, four Judges penned a Joint Concurring Opinion. A joint dissenting opinion from two Judges is yet to be published.

The decision has already been described in early commentary as ‘stunning’ ‘deeply misguided’ and ‘extremely controversial’.

The Exponential Growth of Child-Abuse via the Internet: A call for International and National Action – Judith Latta

12/03/201817/03/2018 Editors Analysis, Articles, Opinion

With the development of peer-to-peer networks and the dark web (a sub set of the deep web), child abuse activities are now mostly occurring in anonymous and encrypted environments largely out of reach of law enforcement bodies. Images are stored by the terabytes on personal hard drives and shared by the millions. For some people the anonymity seems to have ignited what may previously have been latent tendencies. (Understanding and Preventing Online Sexual Exploitation of Children, Edited by Ethel Quayle and Kurt M. Ribisl. 2012 Routledge. Chapter 11, ‘Situational prevention of child abuse in the new technologies’. Richard Wortley, Jill Dando Institute of Security and Crime Science, University College London. Introduction.) Fueling the problem and driving it to new almost unthinkable dimensions is the issue of desensitisation and destabilisation. (Heather Wood, Internet pornography and paedophilia, Psychoanalytic Psychotherapy, (2013) 27:4, 319-338)

International Law Update – The Conflict in Yemen, the International Criminal Court, and the Srebrenica Massacre

14/09/201725/01/2018 Editors Articles, ILA Updates, News

Yemen

Human Rights Watch called for the release of Yemeni activist Hisham al-Omeisy, whom Human Rights Watch claims has been detained by Houthi authorities. Human Rights Watch states that al-Omeisy was arrested by 15 officers on 14 August 2017 in Sanaa. They claim he has not been charged, brought before a judge or given access to a lawyer or his family, and that he is in an undisclosed location. Amnesty International has made a similar statement.

The Multiple Roles of Women in the Bosnian War: Victims, Ex-Combatants, Peace Builders, and Perpetrators – Dr Olivera Simic

07/04/201711/05/2017 Editors Articles

War generally affects the entire population, male and female. Yet within the portrayal of war, men are usually portrayed as the aggressors and perpetrators, and women as the helpless victims. Most of the literature on women and warfare, or women and genocide, analyses the role of women from a victim-centred perspective.

Interview with Professor Christine Chinkin: Find Your Own Path in International Law

26/03/201726/03/2017 Editors Articles, Opinion

For our third profile for Women in International Law Month, we were honoured to interview Professor Christine Chinkin of the London School of Economics. She is a renowned Feminist scholar, particularly for her ground-breaking work on women, peace and security, in addition to her collaboration with Hilary Charlesworth and Shelley Wright on the gendered boundaries of international law.

Interview with Dr Sarah Nouwen: In Search of Peace and Justice

21/03/201721/03/2017 Editors Articles, Opinion

For our second interview of Women in International Law Month, we are joined by Dr Sarah Nouwen. She is a leading expert on international law of peacemaking and justice in Africa, and Co-Deputy Director of the Lauterpacht Centre for International Law at the University of Cambridge.