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Guest Post: A Matter of Distinction: ‘active’ and ‘direct’ participation in hostilities and the war crime of using child soldiers

By Catherine Harwood, Leiden University The Rome Statute prohibits the use of children under fifteen years to ‘participate actively in hostilities’ in international and non-international armed conflicts [arts. 8(2)(b)(xxvi) and 8(2)(e)(vii)]. Trial judgments in the Lubanga and Katanga cases interpreted … Continue reading

David Scheffer proposes (legally) unsatisfactory solution for justice in Syria

In a Opinion Piece for the LA Times, David Scheffer, seasoned diplomat, esteemed and influential expert in International Justice issues, makes his own proposal to push forward for justice in Syria. Essentially, he proposes a treaty between the UN and … Continue reading

Rehabilitating Judge Ramaroson in the Perisic/Sainovic controversy

In the context of writing a commentary on the whole Perisic/Taylor/Sainovic controversy, I had to reread all the judgments and separate/dissenting opinions. I’ll let you discover my views when the commentary is published, but wanted to share one thought with you here. … Continue reading

Why a Syria UNSC Referral to the ICC is not necessarily a good idea (and why we should be allowed to say that)

I’ve so far stayed away from the online discussions on the draft resolution for a UN Security Council Referral of the Syria situation. My impression was that any comment on the content of the draft was essentially science fiction, as … Continue reading

The Dream Factory Strikes Again: the Special Tribunal for Lebanon recognizes International Criminal Corporate Liability

From the Tribunal that brought you an international customary law of terrorism and trials in absentia, a new dream has come true: international criminal corporate liability… Last week, the Special Tribunal for Lebanon made public a January decision in relation to the initiation … Continue reading