Israeli Prime Minister Benjamin Netanyahu made two trips in April without being arrested: one to Hungary and the other to the United States (US). While commentators criticized Hungary for failing to arrest Netanyahu, arguing that as a state party to the International Criminal Court (ICC), it had a duty to do so (the ICC initiated non-compliance proceedings), there has been no similar commentary regarding his trip to the US. This is likely because the US is not a state party to the ICC and is therefore under no obligation to cooperate with the Court and arrest him. However, in this blog post, I argue that there is a universal obligation to arrest Netanyahu for the commission of grave breaches of international humanitarian law (IHL) against Palestinians. The source of this obligation lies in the grave breaches regime of the Geneva Conventions for 1949. For that purpose, this post is divided into four sections. First, it outlines the obligations under the grave breaches regime. Second, it demonstrates the status of these obligations under contemporary international law. Third, it…
International Criminal Court
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The Conclusion of Mongolia’s Proceedings before the International Criminal Court: Implications on Non-Cooperation
On 18 March, the Pre-Trial Chamber II (PTC II) of the International Criminal Court (ICC) rendered a decision on the ‘Request for Reconsideration of the “Decision on Mongolia’s Requests for Leave to Appeal, Temporary Stay of the Proceedings, and Related Matters”’ filed by Mongolia on 2 December 2024. In essence, the Chamber denied the state party…
The Destruction of Indigenous Communities’ Landscapes, an Aggravated Form of Ecocide?
As Indigenous peoples face the deliberate destruction and loss of their ancestral lands—through deforestation, mining, oil exploitation, and other industrial activities that threaten their identity and, ultimately, their survival—it is essential to assess whether International Criminal Law (ICL) can provide effective protection to these peoples. In particular, this involves examining whether such acts could be classified as…
Holding the Leadership of the Islamic Republic of Iran Accountable for International Crimes in Syria
Following the fall of the Assad regime, calls for accountability for international crimes committed under Assad’s rule are gaining momentum. These calls have particularly focused on the brutal crackdown on protests that began in March 2011 and escalated into one of the bloodiest non-state armed conflicts in recent history. The final statement of Syria’s national dialogue…
ICC Office of the Prosecutor Releases Draft Policy on Cyber-Enabled Crimes
This article is cross-posted at Lawfare. On March 6, the Office of the Prosecutor of the International Criminal Court (ICC) published a draft Policy on cyber-enabled crimes, which is now open for public consultation. States and non-state actors are increasingly using advanced cyber tools, including artificial intelligence (AI), to commit or facilitate crimes against international law. This…
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