The Rome Statute under the International Criminal Court (ICC) has been the main legal instrument for addressing war crimes for the 21st century. In recent years, increased international humanitarian violations have made clear that an enforcement issue exists. Volume XLIX staff editor Noah Sergio argues that the Rome Statute must be unilaterally enforced on non-member states (US, China, Israel, Russia) using sanctions, and binding resolutions embedded in the United Nations Security Council to prevent veto powers from shielding these nations with impunity. This post attempts to identify necessary actions to restore faith in international institutions, when faced with abuses of power not embodied through law.
The United Nations Convention on Jurisdictional Immunities of States and Their Properties includes an exception to state immunity suits that include a territorial tort exception that requires a tort to be in whole or in part and the author to be present in the forum state. This is outdated. Not every State is bound by this wording, but many are inspired by it in drafting their immunity laws. What does this mean in the days of improved technology and increased digital attacks? How can these parameters be changed for the modern world?
The recent strikes in Iran by the United States and Israel have sparked a wider regional war. Volume XLIX staff editor Scott Warner-Hudson argues that the initial strikes violated international law. This post explores what international law is, and highlights the potential risks in violating it.