Category Archives: United States

Why the ICC Should have Opened an Investigation into Afghanistan. And How it could ‘Win’ a Confrontation with Washington

Posted on April 12, 2019 by Mark Kersten

A version of this article originally appeared in Al Jazeera. Readers interested in today’s decision should also these excellent commentaries from Dov Jacobs and Kevin Jon Heller. Judges at the International Criminal Court have denied a request to open an … Continue reading →

Posted in Afghanistan, ICC Prosecutor, International Criminal Court (ICC), International Criminal Justice, United States | 9 Comments

Afghans Don’t Know the ICC, but its Hope to Deliver Justice Depends on Making Sure They Do

Posted on September 26, 2018 by Mark Kersten

Ehsan Qaane joins JiC for this post on the role and importance of proactive outreach by the International Criminal Court (ICC) in Afghanistan, where the Court is likely to investigate allegations of war crimes and crimes against humanity,. Ehsan is … Continue reading →

Posted in Afghanistan, Guest Posts, International Criminal Court (ICC), International Criminal Justice, Outreach, United Nations, United States | Tagged | 1 Comment

The ICC and Afghanistan: Challenges for a Court, Opportunities for an International Organization

Posted on December 8, 2017 by Mark Kersten

The decision by the chief prosecutor of the International Criminal Court to seek an investigation into alleged war crimes perpetrated by U.S. military forces and the CIA in Afghanistan has been widely described by some observers and legal scholars as … Continue reading →

Posted in Afghanistan, ICC Prosecutor, International Criminal Court (ICC), International Criminal Justice, United States | 5 Comments

New Paper Alert! Casting a Larger Shadow – Pre-Meditated Madness, the International Criminal Court, and Preliminary Examinations”

Posted on August 28, 2017 by Mark Kersten

Attention among observers and scholars of international criminal justice has increasingly focused on what happens before the International Criminal Court (ICC) intervenes in a situation and issues arrest warrants for perpetrators of international crimes. Prior to the ICC opening an official … Continue reading →

Posted in Afghanistan, Deterrence, International Criminal Court (ICC), International Criminal Justice, Preliminary Examinations, United States | 7 Comments

Five Things to Know about the ICC’s Afghanistan Investigation

Posted on November 29, 2016 by Mark Kersten

With the International Criminal Court (ICC) on the verge of opening an investigation into Afghanistan, much has been written about how this might affect Canada. Could the investigation focus on the role of Canadian officials in surrendering detainees who were … Continue reading →

Posted in Afghanistan, Canada, International Criminal Court (ICC), International Criminal Justice, United States | 2 Comments

Whatever Happens, the ICC’s Investigation into US Torture in Afghanistan is a Win for the Court

Posted on November 17, 2016 by Mark Kersten

It was predicted when the US Senate released its so-called ‘Torture Report’. A few weeks ago, it was reported to be true. And now the Office of the Prosecutor of the International Criminal Court (ICC) has confirmed it. A decision … Continue reading →

Posted in Afghanistan, International Criminal Court (ICC), International Criminal Justice, Preliminary Examinations, Torture, United States | 9 Comments

Balancing Principles, Politics, and Pragmatics: U.S. Policy-Making on Transitional Justice

Posted on November 10, 2016 by Mark Kersten

Zachary D. Kaufman joins JiC for this post on recent transitional justice policy-making in the United States. Zachary is a Senior Fellow at Harvard University‘s John F. Kennedy School of Government and the author of ‘United States Law and Policy … Continue reading →

Posted in Guest Posts, Transitional Justice, United States | Tagged | Leave a comment

That Time the Bush Administration (Probably) Kiboshed Iraq’s ICC Membership

Posted on September 26, 2016 by Mark Kersten

In recent weeks, the internet has featured hundreds of articles exclaiming the need to investigate atrocities perpetrated in Iraq. Many continue to insist that UK officials who are responsible for alleged war crimes during the British and American occupation of … Continue reading →

Posted in International Criminal Court (ICC), International Criminal Justice, Iraq, ISIS, Islamic State, United Kingdom, United Nations, United States | 5 Comments

A Life of Legal Principle, Not of Politics – An Interview with Theodor Meron

Posted on July 27, 2016 by Mark Kersten

Earlier this month, Shehzad Charania visited Judge Theodor Meron in The Hague. They spoke of Meron’s life as a legal advisor, diplomat, and as one of the most influential jurists in the history of international criminal justice. The following is … Continue reading →

Posted in ICTY, International Criminal Court (ICC), Interview, Israel, United States | Tagged , | 2 Comments

Let’s Avoid Politicizing the Genocide Against Yazidis

Posted on July 4, 2016 by Mark Kersten

There is no doubt that genocidal acts have been perpetrated against the Yazidi people by the Islamic State (ISIS). A recent report by United Nations Commission of Inquiry on Syria has given credence to political declarations in the United States, … Continue reading →

Posted in Canada, Commission for International Justice and Accountability (CIJA), Genocide, International Criminal Court (ICC), International Justice Ambassador, Iraq, ISIS, Islamic State, Syria, Terrorism, UN Commission of Inquiry on Syria, United Kingdom, United Nations, United States, Yazidi Genocide | Tagged | 13 Comments