The war crimes probe signals a new path for Canada that prioritizes international law and corrects past policy failures, while validating the experiences of Ukrainians.
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Articles on Rome Statute
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Dominic Ongwen was the first person to use the defence of duress at the International Criminal Court.
Vladimir Putin has a history of flattening cities in time of conflict. But alleged war crimes in Chechnya and Syria never resulted in charges, let alone prosecutions. Will Ukraine be any different?
The International Criminal Court is launching an investigation into possible war crimes in Ukraine. But significant hurdles remain, and it’s uncertain anyone will ever be brought to justice.
The African Union and its member states are creating their own interpretation of immunity which will protect its heads of state from courts abroad.
An African court with international criminal jurisdiction which has been debated but never been put into operation could be an option if Africa withdraws from the ICC.
Under the Rome Statute, court ordered reparations are available to victims after the accused is found guilty. In the case of Jean-Pierre Bemba Gombo, this involves over 5,000 victims.
The ICC has been criticised for not acting against South Africa after it failed to arrest Sudan’s president in 2015. But, the court actually acted sensibly given the challenges it faces.
The ICC has made important advances by investigating cases outside Africa and completing ones that further define what is not allowed in war. South Africa’s withdrawal is concerning, but not fatal.
The South African government’s decision to withdraw from the ICC should not be seen in isolation. The African Union has called on its member states to withdraw from the court.
South Africa’s withdrawal from the ICC could have mere symbolic value. The country will continue to have obligations to binding decisions taken by the UN Security Council – including those pertaining to the court.
Top contributors
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Senior Lecturer in International Relations, University of Tasmania
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Scientia Professor, UNSW Sydney
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Lecturer in Law, University of Aberdeen
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Professor in International Law, NRF Research Chair in International Law, University of Johannesburg
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Professor, Centre for Human Rights in the Faculty of Law, University of Pretoria
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Lecturer in Criminal and Military law and the Law of Armed Conflict at the Faculty of Military Science, Stellenbosch University
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PhD Graduate, Brunel University London
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Executive Director, University of Dayton Human Rights Center, University of Dayton
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Associate Professor of Political Science, St. Francis Xavier University
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Challis Chair of International Law, Sydney Law School, University of Sydney
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Assistant Professor of Political Science & Canada Research Chair, Dalhousie University
