The ICTY Closes its Doors: The End of an Era

The ICTY Closes its Doors: The End of an Era

By:

After 24 years of existence, the International Criminal Tribunal for the former Yugoslavia officially closed its doors in December, marking the end of an era. The ICTY served 161 indictments and completed 126 cases in its tenure. While the ICTY faced many issues, ranging from arrest delays to difficult and prolonged investigations, it was a pioneering court that helped establish the field of international criminal law.

The Time is Now for U.S. and China to Respond to North Korea

The Time is Now for U.S. and China to Respond to North Korea

By:

The United States’ decision to heighten sanctions against North Korea is a positive and necessary step in addressing the security threats posed by the regime. However, sanctions alone, irrespective of their severity, will have a limited impact unless China fully cooperates with the endeavor to de-nuclearize the Korean peninsula.

The Bogotá Declaration: A Case Study on Sovereignty, Empire, and the Commons in Outer Space

The Bogotá Declaration: A Case Study on Sovereignty, Empire, and the Commons in Outer Space

By:

The Bogotá Declaration of 1976, in which a series of equatorial states attempted to resist the Outer Space Treaty of 1967 by claiming sovereignty over geostationary orbit above their territories, presents a unique case that contradicts some assumptions about the use of commons-like regimes to correct asymmetric governance regimes. This case suggests the value of historical scholarship on colonialism and development to ongoing disputes in space law and in other regimes governing extraterritorial domains.

Water, Peace, and the Future of International Law: A Conversation with Dr. Danilo Türk

Water, Peace, and the Future of International Law: A Conversation with Dr. Danilo Türk

By:

In this blog post, Dr. Danilo Türk, the former President of Slovenia and current Chairman of the Global High-Level Panel on Water and Peace, speaks with the Bulletin about contemporary issues of water and peace and provides advice to students pursuing a career in public international law. Dr. Türk describes the general framework of international water law and explains why water and peace, and international law generally, are important issues facing the next generation of transnational lawyers.

Burundi’s Withdrawal from the International Criminal Court: Can It Still Exercise Jurisdiction over Crimes Committed prior to Withdrawal? An Academic Discourse

Burundi’s Withdrawal from the International Criminal Court: Can It Still Exercise Jurisdiction over Crimes Committed prior to Withdrawal? An Academic Discourse

By:

The recent effectuation of Burundi’s withdrawal from the International Criminal Court (ICC), the first such withdrawal from the ICC, has triggered an academic discourse about the Court’s authority to launch an investigation into alleged international crimes committed in Burundi before its withdrawal. This blog post surveys the different scholarly perspectives on ICC authority following state withdrawal from the court.

Are Myanmar’s Rohingya Facing Genocide?

Are Myanmar’s Rohingya Facing Genocide?

By:

The recent humanitarian catastrophe facing Myanmar’s Rohingya Muslims has attracted international news media attention and global condemnation. During last month’s U.N. General Assembly in New York, foreign diplomats were concerned about the worsening human rights crises. Aung San Suu Kyi, Myanmar’s de facto leader and Nobel laureate, canceled her visit to the meeting of world leaders. Since August 25th of this year, more than half a million Rohingya fled their homeland seeking refuge in neighboring Bangladesh.  According to government sources, the Arakan Rohingya Salvation Army (ARSA), a new insurgency group, attacked the police.  Myanmar’s security forces launched a “counterterrorism” offensive that included raping women, burning villages and murdering children, among other human rights violations.  Authorities also blocked humanitarian aid, like food, water and medicine, from reaching victimized civilians. The U.N. has long characterized the Rohingya, a religious and ethnic minority community, as the world’s most persecuted group; as argued elsewhere their oppression spans a number of decades. More recently, U.N. officials called Myanmar’s military atrocities “ethnic cleansing,” whereby one group removes another ethnic or religious community by violent means. Amid the humanitarian crises, however, a question has emerged: is this genocide? While some use “genocide” and “ethnic cleansing” interchangeably the difference between them is legally significant.  International law does not recognize ethnic cleansing as an independent crime. But the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) explicitly defines genocide as one.  Whereas the International Criminal Court can investigate and try people for committing genocide, the same is not true of ethnic cleansing. Genocide: What is it?  The term genocide dates back to the Second World War. In response...