A Request for ICC Arrest Warrants and the Israel-Hamas War

Last week, an international court issued a major decision that could impact how nations around the world address climate change and protect the ocean. On May 21, the International Tribunal for the Law of the Sea (ITLOS), also known as “The Oceans Court,” delivered an advisory opinion holding that countries must take all necessary measures to prevent, reduce, and control pollution of the marine environment from greenhouse gas emissions. This is the first time that an international court has ruled directly on countries’ international legal obligations to mitigate climate change. The European Court of Human Rights found similar State obligations under the European Convention on Human Rights in April. The ITLOS decision is a major victory for the Commission of Small Island States on Climate Change and International Law, COSIS, a coalition of nine nations from the Caribbean and the Pacific. For small island States, climate change is an existential threat. Protecting the world’s oceans, which act as important heat and carbon sinks, is key to maintaining fish stocks, reducing the frequency and intensity of devastating storms, and preserving plants and wildlife. What exactly did the Tribunal decide? How might this groundbreaking ruling impact future climate policy? Co-hosting this episode is Just Security’s Managing Editor, Megan Corrarrino, and joining the show to discuss the Tribunal’s decision and its potential impact are Catherine Amirfar and Ambassador Cheryl Bazard.  Catherine is Chair of the Subcommittee on Litigation Management of COSIS’s Committee of Legal Experts and the Co-Chair of the law firm Debevoise & Plimpton’s International Dispute Resolution Group. She is also the Co-Chair of Just Security’s Advisory Board. Ambassador Cheryl Bazard serves as The Bahamas' Ambassador to Belgium and the European Union. The Bahamas is one of the nine COSIS States that sought the opinion. Show Notes:  Ambassador Cheryl BazardCatherine AmirfarMegan Corrarino (@MeganCorrarino)Paras Shah (@pshah518) Catherine and Duncan Pickard’s Just Security article “Q&A: ‘The Oceans Court’ Issues Landmark Advisory Opinion on Climate Change”Rebecca Hamilton’s Just Security article “The ‘Year of Climate’ in International Courts” Just Security’s Climate Change coverageJust Security’s International Law coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

We are over a month into former President Donald Trump’s historic criminal trial. The prosecution and defense have each presented their cases, and a Manhattan jury will soon decide whether Trump broke the law and interfered in the 2016 election by falsifying business records in an effort to cover up “hush money” payments to adult film actress Stormy Daniels. What has it been like inside the courtroom? What can we expect next from each side in closing arguments? Joining the show to discuss the trial and what comes next are seasoned legal reporters Terri Austin and Adam Klasfeld. Terri is an experienced lawyer and legal analyst and Adam is a veteran reporter and Journalism Fellow at Just Security. They’ve both covered Trump’s New York trial from inside the courtroom since day one. Show Notes:  Terri Austin (@Terridaustin)Adam Klasfeld (@KlasfeldReports) Paras Shah (@pshah518) Just Security’s Trump New York criminal trial coverageJust Security’s “Trump Trials Clearinghouse” Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

On Monday, May 20, International Criminal Court head Prosecutor Karim Khan announced that he has submitted an application to the Court’s judges to issue arrest warrants for Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the Minister of Defence of Israel, and three Hamas leaders, including Yahya Sinwar, for war crimes and crimes against humanity. The allegations are extensive, as discussed in a lengthy statement released by the Prosecutor, although the application itself is not yet public.  The decision has major implications for the devastating conflict still raging in Gaza; and for how the Court interacts with nations across the world. In Washington, the arrest warrants are certain to threaten recent increased cooperation with the Court, and efforts to prosecute Russian officials for war crimes and crimes against humanity committed in Ukraine could also be jeopardized. Joining the show to discuss Khan’s request and its potential consequences are Todd Buchwald, Tom Dannenbaum, and Rebecca Hamilton. Todd formerly served as Ambassador and Special Coordinator for the State Department’s Office of Global Criminal Justice. Tom is an Associate Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University, where he is also Co-Director of the Center for International Law and Governance. Rebecca is a law professor at American University and an Executive Editor at Just Security.Show Notes:Tess Bridgeman (@bridgewriter)Todd BuchwaldTom Dannenbaum (@tomdannenbaum) Rebecca Hamilton (@bechamilton) Paras Shah (@pshah518) Just Security’s Symposium “The International Criminal Court and Israel-Hamas War”Tom’s Just Security article “Nuts & Bolts of Int’l Criminal Court Arrest Warrant Applications for Senior Israeli Officials and Hamas Leaders” Rebecca, Tess, and Ryan Goodman’s article “Timeline of Int’l Crim Court Arrest Warrants for Gaza War: What Comes Next and How We Got Here” Just Security’s Gaza coverageJust Security’s International Criminal Court coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

Last month, Europe’s top human rights court issued a major decision in the fight against climate change. In KlimaSeniorinnen v. Switzerland, the highest chamber of the European Court of Human Rights found that the Swiss government has violated the human rights of its citizens by not doing enough to address the threat of climate change. The decision is a landmark ruling for activists, lawyers, and communities who are trying to use human rights law to hold governments accountable for promises to fight global warming. But it’s not the only case asking what international law requires of nations when it comes to protecting the environment. The Inter-American Court of Human Rights, the International Tribunal for the Law of the Sea, and the International Court of Justice are all grappling with similar questions.What do these cases mean for the fight against climate change? Where are the opportunities and risks? Joining the show to discuss the “Year of Climate” in international courts and tribunals are Naima Fifita and Joana Setzer. Naima is a lawyer from Tuvalu who has taken an active role in proceedings by small island nations before the International Tribunal for the Law of the Sea. Joana is an Associate Professorial Research Fellow at the Grantham Research Institute on Climate Change and the Environment at the London School of Economics and Political Science (LSE). Show Notes: Naima FifitaJoana Setzer (@JoanaSetzer)Paras Shah (@pshah518) Rebecca Hamilton’s Just Security article “The ‘Year of Climate’ in International Courts” Just Security’s Climate Change coverageJust Security’s International Law coverageMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Curiosity” by “All Good Folks” from Uppbeat: https://uppbeat.io/t/all-good-folks/curiosity (License code: X6SN2UGIWYHPDJGF) 

In recent decades, the international community has sought to address the particular harms that women and girls experience in war. International law now punishes sexual violence in armed conflict. And there’s the Women, Peace and Security agenda, which the U.N. Security Council launched in 2000 with Resolution 1325. That requires member States to consider impacts of conflict based on gender and to involve women more in all aspects of conflict prevention, management, and resolution. But while some harms rightly receive coverage and draw condemnation, other forms of violence are overlooked.  In November 2023, the World Heath Organization estimated that there were 50,000 pregnant women in Gaza. Since the October 7th  Hamas terrorist attack, it is estimated that nearly 20,000 babies have been born into the humanitarian catastrophe that has unfolded in the Gaza strip.Around the world – from Ukraine to Sudan to Gaza – violence experienced by pregnant civilians, women giving birth, nursing women, and women struggling to survive in the period after childbirth remains entirely at the sidelines of global political conversations. Joining the show to discuss what experts call “obstetric harms” faced by women and girls in armed conflict and the obligations of combatants in the face of these risks, is Fionnuala Ní Aoláin. Fionnuala is the former U.N. Special Rapporteur on Human Rights and Counterterrorism, and a law professor at the University of Minnesota and at Queen’s University School of Law in Belfast, Northern Ireland. We’re honored to have her as an Executive Editor at Just Security. Show Notes: Fionnuala Ní Aoláin (@NiAolainF)Viola Gienger (@ViolaGienger)Paras Shah (@pshah518) Fionnuala’s Just Security article “A Zone of Silence: Obstetric Violence in Gaza and Beyond”Just Security’s International Humanitarian Law (IHL) coverageJust Security’s Sexual and Gender-Based Violence (SGBV) coverageJust Security’s U.N. Security Council coverageMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

On April 17, 2024, NYU School of Law hosted a panel of experts to discuss whether a former President enjoys immunity from criminal prosecution for conduct that allegedly involved official acts during his tenure in office. The Supreme Court is considering that question in United States v. Trump and will hear oral argument in the case on April 25. The panel consisted of George Conway, a Contributing Writer at The Atlantic and Board President of the Society for the Rule of Law; Trevor Morrison the Eric M. and Laurie B. Roth Professor of Law and Dean Emeritus of NYU School of Law; and Kate Shaw a Professor of Law at the University of Pennsylvania Carey Law School. Andrew Weissmann, a Just Security Editor and Faculty Co-Director of the Reiss Center on Law and Security at NYU School of Law, moderated the discussion. Show Notes: George Conway (@gtconway3d)Trevor MorrisonKate Shaw (@kateashaw1)Andrew Weissmann (@AWeissmann_)Just Security’s Trump Trials coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

Sudan and Gaza are teetering on the brink of man-made famine. In Sudan, fighting between the Sudanese Armed Forces and the rival Rapid Support Forces has displaced more than 7 million people with 18 million people enduring acute food insecurity, and nearly 5 million of those suffering at emergency levels, according to the World Food Programme. In Gaza, Israel’s war against Hamas has left 1.1 million people, half the territory’s population, facing “catastrophic” food shortages, according to the Integrated Food Security Phase Classification process.Using starvation as a method of warfare is a war crime. And while the most urgent need is for immediate access to food and humanitarian aid, the crises in Sudan and Gaza also raise important questions about how to hold those responsible for potential atrocities to account. Joining the show to discuss the situations in Gaza and Sudan, whether the parties to the conflict might be committing the war crime of starvation of civilians, and what might be done about it, is leading expert Tom Dannenbaum.  Tom is an Associate Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University, where he is also Co-Director of the Center for International Law and Governance. Tom is a foremost expert on international humanitarian law, including: starvation of civilians, siege warfare directed at a civilian population, and accountability for these acts. Show Notes:  Tom Dannenbaum (@tomdannenbaum) Tess Bridgeman (@bridgewriter) Paras Shah (@pshah518) Tom’s Just Security article “Does the ICC Have Jurisdiction Over the Starvation War Crime in Sudan?”Tom’s Just Security article “The Siege of Gaza and the Starvation War Crime”Just Security’s Sudan coveragJust Security’s Gaza coverageMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

Vladimir Putin recently claimed victory as Russia’s president despite extensive evidence that the “election” was illegitimate in a number of ways. His repression, including evidence of State-ordered assassinations and assassination attempts, and his manipulation of Russia’s legal systems and institutions seems to assure him power – and impunity.Putin’s efforts to consolidate that power have included eliminating most political opposition and civil society organizations and forcing independent media to shut down or move their operations into exile. The recent death of opposition leader Alexei Navalny in a remote prison camp exemplified the threats to anyone deemed critical of the Kremlin.The long arm of the Kremlin also extends far beyond its borders. In addition to the now decade-long war on Ukraine, which escalated into a full-scale invasion in February 2022, and military interventions in the Middle East and Africa, Russian exiles are also not immune from Putin’s wrath. Just Security's Washington Senior Editor Viola Gienger recently interviewed Gleb Bogush, a Russian lawyer and expert on international criminal law who fled Russia in 2022. Gleb is a Postdoctoral Research Fellow at the Center of Excellence for International Courts of the University of Copenhagen. He is also a member of the Cologne-Bonn Academy in Exile (CBA). Before 20222, he was an Associate Professor of International Law at the Moscow State University and HSE University in Russia, also known as the Higher School of Economics.This conversation took place a day before the March 22 terrorist attack on a Moscow concert hall that killed more than 130 people. Show Notes: Gleb Bogush (@gleb_bogush)Viola Gienger (@ViolaGienger) Paras Shah (@pshah518)Just Security’s Russia coverageJust Security’s Russia-Ukraine War coverageMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

Haiti’s crisis of gang violence and political dysfunction has been spiraling out of control. The number of reported homicides more than doubled last year to almost 4,800, and kidnappings soared to almost 2,500 cases. Sexual violence is rampant, and 313,000 Haitians have fled their homes.In recent weeks, the crisis has reached new heights. While de facto Prime Minister Ariel Henry was out of the country, the gangs took advantage and rampaged across the capital, Port-au-Prince. According to the United Nations, since the start of the year, the gangs have killed over 1,100 people and injured nearly 700 others. As the gangs roam freely, the United States and Caribbean countries – in a bloc called CARICOM – are trying to mediate a solution. The result thus far – though still unfolding – is that Henry has agreed to resign as soon as a transitional council of possibly 9 members is formed and an interim prime minister is chosen. But many questions remain about how that council and the interim prime minister will be appointed, which segments of Haitian society will be represented on it, and how a potential Kenyan-led international policing mission might go forward.Where does Haiti go from here?Joining the show to discuss the security situation in Haiti, and how policymakers in the region and around the world are addressing it, are Rosy Auguste Ducéna and Beatrice Lindstrom. Rosy is a human rights lawyer and Program Manager for the National Network for the Defense of Human Rights (RNDDH) in Haiti and has testified before the U.S. Congress. Bea is a Clinical Instructor and Lecturer on Law at Harvard Law School’s International Human Rights Clinic. Prior to joining Harvard, she was the Legal Director of the Institute for Justice & Democracy in Haiti, which works to bring Haitian grassroots struggles for human rights to the international stage. Show Notes: Rosy Auguste Ducéna (@AugusteRosy)Beatrice Lindstrom (@BeaLindstrom)Viola Gienger (@ViolaGienger) Paras Shah (@pshah518)Bea’s Just Security article “With Haiti on the Brink of Collapse, a Reckoning for US Policy on Haiti”Just Security’s Haiti coverageJust Security’s U.N. Security Council coverageMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

In the two years since Russia’s full-scale invasion of Ukraine began, the fighting has caused widespread horror and devastation. Over 10,000 civilians have been killed and more than half a million people injured. Still millions of others are internally displaced, seeking refuge abroad, or are in dire need of humanitarian assistance. The idea of war – and how to prevent it – was a central concern when 51 nations came together to form the United Nations over seven decades ago. Russia’s invasion of Ukraine poses deep challenges to the international rules-based order and raises complex questions of international law, not only for Ukraine, but for nations around the world.In partnership with the Ukrainian Association of International Law, which worked with other stakeholders such as the Ukrainian Bar Association, the American Society of International Law helped to convene a gathering of international lawyers in Lviv, Ukraine in December 2023. Lviv was home to three giants in the field of international law: Hersch Lauterpacht, Rafael Lemkin, and Louis Sohn. Lauterpacht developed the concept of crimes against humanity, Lemkin pioneered the term “genocide,” and pushed for the adoption of the U.N. Genocide Convention, and Sohn played a pivotal role in helping to conceptualize article 51 of the U.N. Charter on the right of self-defense. Many of those who gathered in Lviv are now sharing their reflections on the meeting in a Just Security symposium. Joining the show to discuss the symposium are four of its editors, Kateryna Busol, Olga Butkevych, Rebecca Hamilton, and Gregory Shaffer.  Kateryna is a Ukrainian lawyer and an Associate Professor at the National University of Kyiv-Mohyla Academy. Olga is President of the Ukrainian Association of International Law and Chaired Professor of Law at Kyiv’s National University of Taras Shevchenko. Rebecca is an Executive Editor at Just Security and a Professor of Law at American University, Washington College of Law. Greg is the Scott K Ginsburg Professor of International Law at Georgetown University Law Center and the President of the American Society of International Law. Show Notes:  Kateryna Busol (@KaterynaBusol)Olga ButkevychRebecca Hamilton (@bechamilton)Gregory Shaffer (@gregorycshaffer) Paras Shah (@pshah518) Just Security’s symposium “International Law in the Face of Russia’s Aggression in Ukraine: The View from Lviv” Patryk I. Labuda’s (@PILabuda) Just Security article “Accountability for Russian Imperialism in the ‘Global East’”Just Security’s International Law coverageJust Security’s Russia-Ukraine War coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbe