August 21, 2018

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 […]

Burundi Quits International Criminal Court

Last week I spoke to the NYT Africa Bureau Chief, the inimitable Jina Moore, about Burundi’s departure from the ICC: “I think there is an ongoing concern about the court’s ability to work in countries in Africa,” said Rebecca Hamilton, an assistant professor of law at American University who previously worked in the International Criminal […]

Hundreds of foreigners are fighting for UAE in Yemen—How war crimes trials may deter them

The Saudi-led coalition in Yemen continues to eye a takeover of the Port of Hodeida, which has been under the control of the Houthi rebels since they forced President Abd Rabbuh Mansour Hadi to flee Yemen back in 2014. Experts have warned about the risk of war crimes should the Saudi- and Emirates-led coalition seize […]

Human Rights under the Trump Administration

Secretary of State, Rex Tillerson, has said that human rights is just one value that can be traded off in the service of an “America First” approach. President Trump has praised President el-Sisi in the face of ongoing human rights abuses in Egypt, called President Erdogan to congratulate him for seizing additional power in the […]