Hannes Jöbstl

Hannes Jöbstl is a Legal Advisor at the Council of Europe where he works on war reparations and the establishment of a Claims Commission for Ukraine. He previously worked as an Associate Legal Officer at the International Court of Justice and the United Nations Office in Vienna. Hannes holds law degrees from the University of Oxford, University College London and the University of Graz. His research interests are international dispute settlement, international humanitarian law and reparations under international law.

Al Hassan Symposium – Justice Served (f)or Justice Denied? – The ICC Trial Chamber’s Approach to the War Crime of Passing Sentences Without a Regularly Constituted Court under Article 8(2)(c)(iv) of the Rome Statute

To say that the ICC’s Trial Chamber Judgment in the Al Hassan case has been eagerly awaited by scholars of international humanitarian law (IHL) and international criminal law (ICL) would be an understatement. Indeed, the case touches upon a plethora of cutting-edge questions, including in relation to conflict classification, the nexus requirement, rebel governance, gender …

Al Hassan Symposium – Justice Served (f)or Justice Denied? – The ICC Trial Chamber’s Approach to the War Crime of Passing Sentences Without a Regularly Constituted Court under Article 8(2)(c)(iv) of the Rome Statute Read More »

“Rebel Courts” Book Symposium – Do Rebel Courts Need to be “Established by Law”? The Conundrum of “Regular Constitution”

Article 3 common to the 1949 Geneva Conventions (CA 3) prohibits “[T]he passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples”. Unfortunately, the 1949 Conventions, including their travaux preparatoires, are silent on what is meant by …

“Rebel Courts” Book Symposium – Do Rebel Courts Need to be “Established by Law”? The Conundrum of “Regular Constitution” Read More »

Outsourcing Justice: State Obligations and the Prosecution of Foreign Fighters by Armed Groups in Syria

Several weeks ago, the Kurdish-dominated Autonomous Administration of North and East Syria (NES or Rojava) has announced that it will hold trials for Islamic State fighters from more than 50 States – including the UK, The Netherlands and France – after repeated calls for repatriation by their home countries had failed. Whereas the question of …

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