Investigating sex crimes in a war zone will be hard, but accountability for these crimes against humanity is vital.
Articles on International Criminal Court (ICC)
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Uganda, as the concerned state party, is expected to go out and find Dominic Ongwen’s victims.
Children are particularly at risk from malnutrition as food supplies in Gaza run out.
The war has resulted in a flurry of legal proceedings in international courts. Some cases have merit, while others are very weak.
Much of the world already recognises Palestinian statehood. But recognition by the US and UK would be a hugely important decision.
While the International Court of Justice lacks enforcement powers, it can issue orders that could heighten international pressure on Israel to curtail some of its offensive in Gaza.
South Africa’s legal team includes lawyers who previously acted against the government.
Canada doesn’t support the case before the International Court of Justice that Israel is guilty of genocide in its war against Gaza. That’s contrary to its stance on other cases of genocide.
There is precedent showing the ICJ may grant provisional measures within a month or two of the hearing, preventing Israel from causing further harm in Gaza.
The use of such incendiary devices is only legal under very specific circumstances. A careful examination of the evidence is now required.
In war time, the type of conflict determines what formal rules of war apply. But how to determine the nature of the conflict?
Sexual violence can be used as a weapon of war. Hamas’ use of sexual violence was likely meant to show its power over Israeli women and girls and to humiliate Israeli men and Israel’s military.
While the Genocide Convention has helped raise awareness and prevent ethnic violence from escalating, it has not stopped many accusations of genocides, including violence in Darfur and in Ukraine.
Both Israelis and Palestinians are accusing each other of genocide. In this episode of The Conversation Weekly podcast, we speak to a genocide expert on the legal definition of the term.
War crimes investigations are long, complex and involve international sensitivities. Nonetheless, there is growing inevitability that there will be prosecutions from the Israel-Gaza war.
The International Criminal Court has a range of options for both deterring and investigating war crimes in the current conflict.
The UN secretary-general said neither side is justified in its actions against civilians. But holding them accountable for war crimes is extremely difficult.
Ukraine is seeking compensation from Russia in the case, but the International Court of Justice needs to agree to hear it first.
The push for national trials reflects a disappointment with the slow pace and high costs of international justice.
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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Associate Professor International Law, Roskilde University
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Professor of International Law, University of Portsmouth
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