March 23, 2019

Sudan’s Unlawful State of Emergency

– With Nasredeen Abdulbari.  On February 22, Sudan’s embattled president, Omar al-Bashir declared a one-year, nation-wide state of emergency. He subsequently issued five decrees to implement the declaration that collectively curtail fundamental rights to a degree that is unprecedented in the post-independence history of Sudan. The state of emergency came during peaceful protests— started by […]

The Hidden Danger of User-Generated Evidence

In the summer of 2017, judges at the International Criminal Court (ICC) took a remarkable step. For the first time, they issued an arrest warrant based primarily on video footage that a user posted to Facebook. It was a harbinger of the 21st Century forms of evidence that will soon flow into international courtrooms. The […]

She’s Credible, So Long As Her Attacker Is Not Our Guy

Dr. Christine Blasey Ford threw her life into turmoil yesterday to testify before the nation. Asked by Sen. Dick Durbin (D-Ill.), with what degree of certainty she believed that Judge Brett Kavanaugh assaulted her, she responded: “One hundred percent.” Every senator voting to confirm Kavanaugh to the Supreme Court should be pushed to answer one […]

User-Generated Evidence

Rebecca Hamilton, User-Generated Evidence, Col. J. Transnat’l L. (forthcoming) Around the world, people are using their smartphones to document atrocities. Smartphone apps designed to allow Users to record material that will meet evidentiary standards are now freely available. User-Generated Evidence is the first Article to address this important development in international criminal law. It identifies three […]

Time to Dust Off the War Crimes Act?

With Sarah Knuckey Former members of the U.S. military are present in armed conflicts across the globe. Working for private military contractors, they are typically tasked with training and advising foreign armies. But a Buzzfeed article published this week profiles a former U.S. Army lieutenant colonel who has reportedly taken on a commanding role within the United […]

Paying attention to land rights in Syria negotiations

Deyaa Alrwishdi & Rebecca Hamilton – As President Donald Trump ponders his response to yet another chemical weapons attack in Syria, advisers and commentators alike are mired in short-term calculations. But one day the Syrian conflict will come to an end. Whether this will involve the kind of negotiated settlement being sought in Geneva, or a much […]

#metoo

You can read the full article, explaining my relationship to this topic, over at The Washington Post. Here I’d like to draw attention to the challenges for the #metoo movement going forward: ….I study large-scale advocacy movements. I’ve led them, observed them, written about them. Each is a product of its time and place, so […]

State-Enabled Crimes

Rebecca Hamilton, State-Enabled Crimes, 41 (2) Yale J. Intl. L. 102 (2016) International crimes are committed by individuals, but many – from genocide in Rwanda to torture at Abu Ghraib – would not have occurred without the integral role played by the State. This dual contribution, of individual and State, is intrinsic to the commission of […]

The ICC’s Exit Problem

Rebecca J. Hamilton, The ICC’s Exit Problem, 47 N.Y.U. J. Int’l L. & Pol. 1 (2014) The International Criminal Court (ICC) was never meant to supplant the domestic prosecution of international crimes. And yet the Court is now entering its second decade of operations in four African nations, with no plan for exit in sight. This […]

The ICJ’s Genocide Judgment – Bosnia v. Serbia

Richard J. Goldstone & Rebecca J. Hamilton, Bosnia v. Serbia: Lessons from the Encounter of the International Court of Justice with the International Criminal Tribunal for the Former Yugoslavia, 21 Leiden J. Int’l L. 95 (2008) (peer reviewed). This article uses the recent judgment of the ICJ in Bosnia v. Serbia to highlight the potential […]