Since August 2017, the plight of the Rohingya people has re-captured the attention of the international community. The United Nations and other parties have been slow to label the ongoing situation in the Rakhine region genocide. However, recent statements by UN Special Advisor on the Prevention of Genocide indicate a significant change in international rhetoric. The current crisis was a result of the alleged attacks by a rag tag group known as the ARSA which occurred in August 2017. The military responded to these attacks which resulted in thousands fleeing. The disproportionate response by the military and various mobs have continued to perpetuate genocide and crimes against humanity resulting in a humanitarian emergency. Continue reading
Armed Conflict and Sexual Violence: A Look at Victims and Perpetrators
Women are said to be more vulnerable and therefore are more likely to suffer sexual violence. For that reason, the Geneva Conventions and their Additional Protocols specifically safeguards the rights and safety of them and this measure constitutes a positive way to protect those rights and avoid the perpetration of sexual crimes. However, and despite the legislation is clear on prohibiting sexual violence, a big problem related is the misconception on gender roles as well as the male protection within the law. Continue reading
Female Victims Only? Casting Doubt on the Prosecution of Forced Marriage in Ongwen’s Case
Author: Laura Nacyte*
In December 2016, the trial against Dominic Ongwen, a former commander of Uganda’s rebel Lord’s Resistance Army (LRA), commenced before the Trial Chamber IX of the International Criminal Court (ICC). Remarkably, the defendant is the first person at the ICC to face the charge of forced marriage. The latter was brought in addition to other charges of sexual and gender-based crimes, including rape, sexual slavery, enslavement, and forced pregnancy. Although not a separate offence under the Rome Statute, forced marriage is prosecuted as an ‘other inhumane act’, a crime against humanity, pursuant to Article 7(1)(k). Continue reading
UK EU Referendum and the UK’s role on the world stage
Author: Richard Mark Hampson
The UK EU referendum will have significant important consequences for the UK’s international role. If the UK were to leave the EU, it would remain an important global player. This would be, not least, because of its permanent seat on the UN Security Council. Continue reading
Is Extradition under risk under the EU?
Author: Richard Mark Hampson
On 5 April 2016, the Court of Justice of the European Union (CJEU) ruled that the execution of a European Arrest Warrant (‘EAW’) must be deferred if there is a real risk of inhuman or degrading treatment because of the conditions of detention for the person concerned in the requesting state. If the existence of that risk cannot be discounted within a reasonable period, the authority responsible for the execution of the warrant must decide whether the surrender procedure should be deferred or brought to an end. Continue reading
A Contrario ICL 