International law institutions like the ICJ and ICC are entering a new era of importance, as we have seen in cases ranging from developments in Gaza to Ukraine to the South China Sea.
On June 6, Spain applied to join South Africa in its case accusing Israel of genocide in the International Court of Justice (ICJ).
Two days earlier, on June 4, the US House of Representatives had passed a proposed law that would impose sanctions on the International Criminal Court (ICC) and “any foreign actor who supports their effort to arrest, detain, or prosecute protected persons of the United States and its allies, including Prime Minister Benjamin Netanyahu”.
Under international law, 124 signatories to the Rome Statute, including US allies such as the UK, Canada and Australia, are obligated to cooperate fully with the ICC’s investigations and prosecutions.
From Gaza to Ukraine, questions of international law are increasingly at the heart of global geopolitics. As states from Russia and China at one end to Israel, the US, and its closest allies at the other attempt to claim they are on the side of justice, the contest is being viewed and judged in the global public square through concepts enshrined in international law.
In this series of articles, experts explain and analyse the geopolitical implications of the latest developments in international law, interrogating the widening gulf between institutions such as the ICC and ICJ and the US and Israel.
Featuring, in alphabetical order:
- Amy Maguire, Associate Professor at the School of Law and Justice, The University of Newcastle, Australia.
- Atul Mishra, Associate Professor in the Department of International Relations, Shiv Nadar University, Delhi-NCR, India.
- Fiona McGaughey, Associate Professor at the UWA Law School, The University of Western Australia, Australia.
- Peter Vale, Senior Research Fellow at the Centre for the Advancement of Scholarship, University of Pretoria, South Africa.
- Rachel Killean, Senior Lecturer at Sydney Law School, The University of Sydney, Australia.
- Vineet Thakur, Assistant Professor in International Relations and History, Leiden University, The Netherlands.
Perspectives
The ICC is no place to play politics
Tamer Morris, The University of Sydney
Reaction to the ICC’s potential arrest warrants for Hamas and Israeli leaders focus too much on the accused and not enough on what they're accused of.
Why ICC warrant against Netanyahu has baffled the West
Vineet Thakur, Leiden University and Peter Vale, University of Pretoria
A US politician allegedly said the ICC was 'built for Africa and thugs like Putin' and in a way they were right. That might now be finally changing.
Gaza war no failure of international law
Atul Mishra, Shiv Nadar University
Action from the world's top courts against leaders of Israel and Hamas has proven we are in a new age of increased relevance for international law.
Focus on declaring war criminals can leave victims behind
Rachel Killean, The University of Sydney
The journey to justice in the international criminal court is long and complex, and the appeal to blame individuals can overlook victims' diverse needs.
Is it time for Australia to pass a national Human Rights Act?
Fiona McGaughey, UWA and Amy Maguire, University of Newcastle
Parliament has the power to enshrine human rights protections in federal law. Proposals are on the table.
Originally published under Creative Commons by 360info™.
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