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 international crimes, such as crimes against humanity, genocide, or potentially ecocide, provided that the latter is formally recognized under the Statute of the International Criminal Court (ICC) and/or incorporated into the criminal laws of various States. If the current legal framework proves insufficient, what measures can be taken to strengthen the protection of Indigenous peoples?…
War Crimes
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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…
Evacuations In Armed Conflict: A Fine Line Between A Life-Saving Measure And Forced Displacement
According to media reports, Israeli Prime Minister Benjamin Netanyahu is proposing to force Palestinian civilians out of northern Gaza and declare a ‘closed military zone’. Likud MP Avichai Boaron told The Guardian that ‘the IDF will evacuate all the civilians who are in the north of Gaza, from the…
Peru at a Crossroad: The New Impunity Law
In the last decades, Peru has undergone two significant transitions: one following the internal armed conflict of the 1980s and 1990s, initiated by the terrorist organisation Peruvian Communist Party Shining Path (SL), and another after the authoritarian rule from 1992 to 2000. While the SL was the main perpetrator of violence, state-led counter-subversive measures were…
‘There’s life in the old dog yet …,’ or: the news of the death of Art. 124 Rome Statute were premature
Ukraine, the ICC and Art. 124 Rome Statute On August 15, 2024, Ukrainian President Volodymyr Zelenskiy submitted to the Ukrainian parliament a bill on the ratification of the Rome Statute of the International Criminal Court and its amendments. Ukraine might thus in the foreseeable future become the 125th contracting party of the Rome Statute. At the same time,…
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