Hovell & Malagodi: Universal Jurisdiction: Law out of Context

Devika Hovell (London School of Economics - Law) & Mara Malagodi (Univ. of Warwick - Law) have published Universal Jurisdiction: Law out of Context (Modern Law Review, Vol. 87, no. 6, November 2024). Here's the abstract:

Universal jurisdiction enables the prosecution of international crimes by domestic courts in the absence of any nexus between the prosecuting state and the crime charged. While the temptation is for domestic judges to proceed with ‘business as usual’ in the conduct of such trials, difficulties in the practice of universal jurisdiction reflect the importance of developing a better understanding of the distinctive communities, interests, crimes and cultures these trials are intended to serve. The exercise of universal jurisdiction is commonly regarded as a form of domestic jurisdiction exercised pursuant to a sovereign right under international law. This article invites a re-conceptualisation of the concept of universal jurisdiction, explaining that it is not a form of domestic jurisdiction acquired based on sovereign nexus between the crime charged and the prosecuting state. Instead, it should be recognised as a form of decentralised ‘international jurisdiction’, exercised as part of a state's contribution to the enforcement of international criminal law. This re-conceptualisation has implications for the way in which domestic courts engage with many of the challenges facing universal jurisdiction trials, including problems of community, case selection, proof and translation.

Conference: The Gaza War and International Law: Norms and Institutions

On December 17-18, 2024, the 19th Annual Minerva Conference on International Humanitarian Law will take place at the Hebrew University of Jerusalem. The theme is: "The Gaza War and International Law: Norms and Institutions." The program is here.

New Issue: Journal of International Humanitarian Legal Studies

The latest issue of the Journal of International Humanitarian Legal Studies (Vol. 15, no. 2, 2024) is out. Contents include:

• Symposium: The MONUSCO Intervention Brigade at Ten
• Marco Longobardo, Introduction to the Symposium “The MONUSCO Intervention Brigade at Ten” – Ten Years of the MONUSCO Intervention Brigade: International Law Concerns on the Future of Peacekeeping and the Protection of Civilians
• Jennifer Giblin, The Force Intervention Brigade: A Conscious Departure
• Marco Longobardo, The MONUSCO Force Intervention Brigade at 10 and the Quest for Fair UN Peacekeeping Involvement in Non-International Armed Conflicts
• Gina Heathcote & Lucia Kula, The Force Intervention Brigade in the DRC, Civilian Security and Women Peace and Security
• Articles
• Yvonne Breitwieser-Faria, Environmental Protections During Armed Conflict as Supportive Mechanisms for the Prevention of Atrocity Crimes
• Surbhi Soni, Proportionality in Bello: A Case Against Indirect Military Advantage in War
• Camilla G. Cooper, Ensuring Lawful Use of Autonomous Weapons: An Operational Perspective
• Elliot Winter, Lessons from the Russian Invasion of Ukraine: The Plight of Diaspora Fighters in Levées en Masse
• Lindsay Moir, Reappraising Reprisals Against Enemy Civilians in Customary International Humanitarian Law
• Kasim Balarabe, Safeguarding the Vulnerable: A Comprehensive Approach to Protecting Detainees in Contemporary Non-International Armed Conflicts and Counterterrorism Operations

New Issue: International Criminal Law Review

The latest issue of the International Criminal Law Review (Vol. 24, nos. 5-6, 2024) is out. Contents include:

• Special Issue: Global Atrocity Justice Constellations
• Andy Aydın-Aitchison, Mirza Buljubašić, Kjersti Lohne, Vasilka Sancin, and Camilo Tamayo Gomez, Global Atrocity Justice Constellations
• Valeria Vegh Weis & Sebastian Rey, Argentina’s Commitment to International Criminal Justice to Address the Crimes of the Last Dictatorship (1976–1983)
• Elisenda Calvet-Martínez, Gretel Mejía, & Luis De León Agosto, Assessing International Criminal Justice in Guatemala: Evolutions and Ongoing Challenges
• Camilo Tamayo Gomez, Between Positive Complementarity and Magical Legalism: Colombia and International Criminal Justice
• Emma Brandon, The United States of America and International Criminal Justice
• Mirza Buljubašić, Atrocity Crime Responses in Bosnia and Herzegovina: Navigating Tensions in Multifaceted Approaches
• Iuliia Anosova, Karolina Aksamitowska, & Vasilka Sancin, Positive Complementarity in Action: International Criminal Justice and the Ongoing Armed Conflict in Ukraine
• Alba Gerdeci & Islam Jusufi, An Analysis of Albania’s Encounter with International Criminal Justice
• Tamás Hoffmann, Between Politics and Justice: International Criminal Law in Hungary
• Gintaras Švedas & Andželika Vosyliūtė, International Criminal Justice and Lithuanian Experience
• Kjersti Lohne, Frictions and Logics of ‘Good State’ Support to International Criminal Justice: The Case of Norway
• Marina Mancini, Italy and International Criminal Justice: Mapping the Present and Charting the Path Ahead
• Tonny Raymond Kirabira, International Criminal Law, Complementarity and Amnesty Within the Context of Transitional Justice: Lessons from Uganda
• Mohammad Pizuar Hossain, International Criminal Justice Data in Bangladesh: A Scoping Review

Call for Submissions: The Common Heritage of Mankind in International: Law: past, present and future

The Brazilian Journal of International Law/Revista de Direito Internacional has issued a call for submissions for a special issue on "The Common Heritage of Mankind in International: Law: past, present and future." The call is here.

Webinar: Litigating the Energy Charter Treaty

On December 9, 2024, the International Law Association Irish Branch will host a webinar on "Litigating the Energy Charter Treaty." The discussion will be on climate change policies and investor-state dispute settlement under the Energy Charter Treaty, legal options for states to exit the treaty, and compensating fossil fuel investors. Details are here. Registration is also possible here.

Webinar: Ungoverned Solar Engineering Can Lead to Catastrophic Outcomes: Managing the Regime Complex for Climate Change

On December 3, 2024, the American Society of International Law Interest Group on International Law and Social Science and the European Society of International Law Interest Group on Social Science and International Law will host a talk by Barbara Koremenos (Univ. of Michigan) on "Ungoverned Solar Engineering Can Lead to Catastrophic Outcomes: Managing the Regime Complex for Climate Change." The discussants will be Daniel Bodansky (Arizona State Univ.) and Sikina Jinnah (Univ. of California, Santa Cruz). The moderator will be Mark Pollack (Temple Univ.). Details are here.

Call for Papers: ASIL International Criminal Law Interest Group Works-in-Progress Conference

The American Society of International Law's International Criminal Law Interest Group will hold its annual Works-in-Progress Conference in person on May 30, 2025, at Boston University School of Law. Submissions at various stages of development on any topic related to international criminal law broadly construed (including transnational criminal law) are welcome. Indications of interest from potential commentators is also welcome. Prospective participants should fill out this form by March 15, 2025, indicating whether they hope to present a paper and/or comment on papers, or whether they would like to attend without presenting or commenting. Applicants hoping to present a paper should provide a title and abstract. Decisions will be made by early April. Drafts will due approximately two weeks before the conference. Questions can be directed to the interest group co-chairs: Ryan Liss (rliss@uwo.ca) and Steve Koh (koh@bu.edu).

Call for Submissions: ASIL International Criminal Law Scholarship Prize

Submissions are now being accepted for the 2024 American Society of International Law International Criminal Law IG Scholarship Prize. Details are here.

Morosini, Tasquetto, & Maciel: Navigating the Digital Divide: Challenges and Strategies for Latin American Countries in E-commerce and Data Governance Regulation

Fábio Morosini (Universidade Federal do Rio Grande do Sul), Lucas Tasquetto (Universidade Federal do ABC), & Marília Maciel (DiploFoundation) have published Navigating the Digital Divide: Challenges and Strategies for Latin American Countries in E-commerce and Data Governance Regulation (Georgetown Univ. Latin American Political Economy and Globalization Program). Here's the abstract:

In recent years, there has been a growing concern that only a few countries and players have been accruing the benefits and wealth stemming from the digital economy, widening the gap between developed and developing countries. The development gap related to digital trade is particularly acute in Latin American countries. Despite structural difficulties and its low performance in the digital economy, Latin America has been one of the most active regions in terms of treaty-making on digital trade. However, Latin American countries lack their own model of digital trade regulation and tend to replicate existing ones, not only when negotiating agreements with third parties, but also within the region. So far, the US regulatory approach, as exemplified by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), has had the most significant influence on Latin America. A number of countries in Latin America are already embroiled in negotiations or bound by agreements from which it would be too hard or costly to defect. In this scenario, it is advisable to consider the inclusion of binding provisions within the ongoing and future digital trade negotiations, which would contribute to development. That could happen by a) incorporating provisions aimed at promoting digital inclusion and tackling inequality, and b) incorporating specific horizontal and vertical development- oriented provisions. Latin American countries can find inspiration in agreements celebrated outside the region, as they seek to mainstream development in their digital trade negotiations. This policy paper concludes with a number of recommendations, both institutional and substantive.

Fedele, Lesaffer, & Savy: Avant l'État. Droit international et pluralisme politico-juridique en Europe, XIIIe-XVIIe siècle

Dante Fedele (CNRS-Université de Lille), Randall Lesaffer (KU Leuven & Tilburg Univ.), & Pierre Savy (Université Gustave Eiffel) have published Avant l'État. Droit international et pluralisme politico-juridique en Europe, XIIIe-XVIIe siècle (Historia et ius 2024). The book is available open access here.