The “Impunity Clause” by Another Name: Article 46A bis of the Malabo Protocol and the Crisis of Accountability in Africa

Bonita Ayuko  

Few provisions in African international law have attracted as much critical attention, or as blunt a nickname, as Article 46A bis of the Malabo Protocol. This post takes that nickname seriously. It asks whether the label “impunity clause” is legally earned, politically inevitable, or simply unavoidable given the way African states have approached the ICC. Drawing on the contrast with Article 27 of the Rome Statute and the 2019 Al-Bashir Appeals Chamber judgment, it argues that Africa’s recent trajectory, from Malabo’s immunity clause to the Sahel’s exit from the ICC, is less about rejecting accountability than about a deeply contested struggle over who gets to define it.

Continue reading

Code of War: How AI Firms Are Rewriting the Rules of War and what that means for International Criminal Law


Efthimia (Mariefaye) Bechrakis, Esq.

On March 26, 2026, a federal judge blocked the Pentagon from branding Anthropic a “supply chain risk.” The ruling does more than grant an early legal victory for Anthropic. It exposes a deeper structural shift in how the boundaries of military power are being negotiated at a moment when contemporary warfare is increasingly mediated by Artificial intelligence.  For International Criminal Law (ICL), this shift raises a more fundamental question: who bears responsibility when the conditions under which force is exercised are shaped, not on the battlefield, but upstream, through privately designed systems?

Continue reading

Prospects, Pitfalls, and Possibilities in seeking ‘Truth’ in Israel-Palestine

Emilia Vassiliades*

In contemporary discourse, few concepts have garnered as much momentum as transitional justice. While it remains contested, a broad definition can be put forth as ‘how societies respond to the legacies of massive and serious human rights violations’. Thus far, the presence of any meaningful efforts at transitional justice in Israel-Palestine have been few and far between, with existing endeavours focused on international criminal proceedings.

Continue reading

The prospects of establishing a truth-seeking mechanism in addressing the legacies of human rights atrocities in the Israel-Palestine conflict

Kaye Vassallo

The Israel-Palestine conflict is a complex and long-standing dispute that centres around competing claims to land and sovereignty as both Palestinians and Israelis claim historical and religious ties to the territory. The conflict has been ongoing for seven decades and its resolution is critical to achieving lasting peace and stability in the region. As of yet, transitional justice measures have been largely absent in resolving the conflict. There has been a particular focus in contemporary literature on the merits of establishing a truth commission which is a mechanism of restorative justice.

Continue reading

Defining, Evaluating, and Utilizing the concept of “Cyber Justice”

Tamara Blagojevic

On the internet, as the fast developing, virtual and digital mirror of reality, and a diverse, multi stakeholder spectrum, it becomes hard catching up with the constantly evolving digital and technological trends. But, all of the actors on the web, still have their rights and freedoms taken from the real world, transplanted to be utilized digitally, in this newly proclaimed common good, known as cyberspace. The difference here is, that the human element and the technological means were necessary to create the network, making it an artificial common good. In a nutshell, the NIST glossary defines cyberspace as: “The complex environment resulting from the interaction of people, software and services on the Internet by means of technology devices and networks connected to it, which does not exist in any physical form.”

Continue reading