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 happens both in peacetime situations and especially in wartime. The incidence of such potentially criminal use of new technologies will only be on the rise, and it requires a response. The draft Policy is part of that response, explaining both how the Office will interpret the provisions of the Rome Statute of the ICC in a cyber context and what practical measures it will adopt when conducting its investigations and prosecutions. All legal systems must adapt to challenges posed by new technologies, including cyber and AI. There are various processes through which this kind of adaptation can be done. One such process—legislative action—is exceptionally difficult in the international legal system, especially in a political climate that…
International Humanitarian Law
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Party Status to Armed Conflict in International Law: Author’s Response
Editor's note: This post is part of a book discussion on Alexander Wentker’s “Party Status to Armed Conflict in International Law". I am very grateful to Marko, Ashley, Philippa, and Paul for their thoughtful contributions. I greatly appreciate their thorough engagement with my work. To conclude the symposium, I will react to a few key…
The Power of Co-Party Influence on IHL Compliance
Editor's note: This post is part of a book discussion on Alexander Wentker’s “Party Status to Armed Conflict in International Law". Alex Wentker’s book, which will stand as the definitive work on co-party status for years, offers an extremely careful and comprehensive look at the nature and implications of being a co-party to an armed…
On Parties and Co-Parties: A Comment on Alex Wentker’s Book
Editor's note: This post is part of a book discussion on Alexander Wentker’s “Party Status to Armed Conflict in International Law". I doubt that a doctoral thesis – and then a book – on international law could be more timely than Alexander Wentker’s Party Status to Armed Conflict in International Law. The ongoing wars in…
Bridging the Accountability Gap: Reparations for Civilians Harmed in Armed Conflict
Civilian harm in armed conflict has reached staggering levels. The United Nations recently recorded a 72% increase in civilian casualties worldwide, a stark reminder of the devastating human toll of modern warfare. Yet, mechanisms to provide justice and redress for those harmed remain inadequate. Recent developments, including the International Law Commission’s (ILC) renewed focus on state…