The African Union has had a draft resolution that will merge the current continental judicial bodies- the African Court on Human and Peoples’ Rights and the African Court of Justice and Human Rights- into one judicial body- African Court of Justice and Human and Peoples’ Rights. Part of the resolution proposes that the new court should have an enhanced criminal jurisdiction over war crimes, crimes against humanity and acts of genocide on the continent. Without getting into the merits or demerits of such a step, the sting is in the tail of additional proposed changes. Continue reading
Cyber Espionage Prosecution: U.S. v. Dong
Written by: Regina Paulose
The U.S. Department of Justice (DOJ) recently issued[1] indictments against five Chinese military officers. The indictments[2] charge each defendant with up to 30 counts which include crimes of conspiring to commit computer fraud and abuse, accessing or attempting to access a protected computer without authorization, transmitting a code (etc.) with intent to cause damage to computers, aggravated identity theft, economic espionage, and trade secret theft. Warrants have been issued for the arrest of the five men. Continue reading
North Korea Sanctions – #Epic Fail
By: Regina Paulose[1]
North Korea (or DPRK) has continued to prove that the sanctions policy against its leadership is a failure. The DPRK has continued to subvert sanctions by earning hard currency through illegitimate means. It essentially works as an organized crime syndicate. It is important for the international community, in particular the United Nations Security Council (UNSC), to think of ways to constructively engage the country so that it can effectively make a difference with regards to weapons proliferation and human rights and so that North Korea can turn away from using illicit channels to raise money. Continue reading
Early Release in International Criminal Law
Written by: Jonathan Choi
The drama of international criminal justice is mostly in the initial conviction and sentencing; few reporters investigate what happens to the convict after she is locked away, and few academics consider why or how she is released. Continue reading
“Equality of Arms” and its Effect on the Quality of Justice at the ICC
Written by: Tosin Osasona [1]
The concept of equality of arms has a dinstinctive European origin and can be traced back to the medieval era, when dispute was settled by ordeal of trial by battle. Because the trial would be to death, a rigid set of rules were put in place to ensure parity between contestants and each contestant was put at par in terms of armament and armor.[2] This worldview midwived the common law system of adversarial proceeding. Continue reading
A Contrario ICL 