In Spring 2023, I taught a short four-session (1 hr 45 mins each) course entitled Armed Groups and International Law in which the assessment type was legal blogging. The course fits into our capita selecta period of teaching on the public international law LLM at Utrecht. During this period, students are able to choose five …
The case of Prosecutor v Al Hassan Ag Abdoul Aziz Ag Mahomed Ag Mahmoud at the International Criminal Court (ICC) is precedent-setting for the ICC’s Office of the Prosecutor: it is the first case in which the crime against humanity of persecution on gender grounds has been litigated by the ICC, and the ICC is the first …
Gendered Crime as a Central Focus in the ICC’s Al-Hassan Case Read More »
1. Introduction The Al Hassan case is the first-ever case before an international (or hybrid) criminal tribunal dealing with the war crime of sentencing or execution without due process. Mr Al Hassan is charged with the crime as an accomplice under Article 25(3)(2)(d) and/or (c) of the Statute for his alleged involvement, as an important member of the Islamic Police, …
On 25 May, the Defence finished their closing statements in the Al Hassan case at the International Criminal Court (ICC). The case relates to acts committed during the nine months of 2012 and 2013 that Ansar Dine and Al-Qaida in the Islamic Maghreb (AD/AQMI) controlled Timbuktu. The case stems from a self-referral by Mali in July 2012 …
Petite Sardine or Big Fish? Rebel Governance and the ICC Al Hassan Trial Read More »
Introduction Most of today’s conflicts are non-international, i.e., they stem from violence between government authorities and non-state armed groups (NSAGs) or between NSAGs. In areas under the control of NSAGs, the State’s ability to provide services is often limited. In these situations, NSAGs might move to fill the vacuum left by the State by setting up a …
Protecting civilians in armed conflicts represents one of the main goals of international humanitarian law (IHL), as a distinct body of law intended to protect civilians, civilian objects, and other protected persons and objects that are or may be affected by armed conflicts. However, civilians still face frequent violations in international armed conflicts (IACs) and …
Non-International Armed Conflicts and the Relevance of Common Article 1 Read More »
Why are some non-state armed groups more violent than others? Why do some groups resort to inhumane means and methods of war while others restrain from doing so? In trying to answer these questions, a growing number of scholars and practitioners have focused on the drivers of restraint behaviour. However, defining and measuring restraint can …
It is not typically assumed that armed non-state actors (ANSAs) have any role in governance activities. Despite the image of domestic anarchy as potentially leading to chaos and the dissolution of law, armed conflicts are always characterized by far more than fighting (Provost, 2021). When ANSAs seek to extend, consolidate, or legitimize their authority, they …
FARC-EP’s Rebel Environmental Governance: creating legal legacies of War Read More »
In recent years, data collected by the International Committee of the Red Cross (ICRC) has shown that the number of non-State armed groups (NSAGs) of humanitarian concern has remained consistently between 500 and 600, an increase compared to previous decades. In many conflict areas, several NSAGs co-exist in the same territory and compete or cooperate with each …
From the east of the Democratic Republic of the Congo to the north of Syria, from remote areas of Colombia to the Tigray region of Ethiopia: over the past decade, tens of thousands of people have found themselves detained by non-State armed groups. As part of its mandate, the ICRC works in all parts of …
Detention by non-State armed groups: translating law to practice Read More »