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The decision will likely have far-reaching implications for the institutional legitimacy of the court, its relationship with the United States and potential future cases.
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Over three days of hearings, the International Criminal Court’s Appeals Chamber considered whether to overturn an April 2019 decision blocking investigations into alleged war crimes by the Taliban and U....
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The ICC prosecutor’s determination of jurisdiction relies on a controversial and legally problematic recognition of Palestinian statehood.
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The U.S. Court of Appeals for the Fourth Circuit allowed prisoners detained at Abu Ghraib to move forward with their lawsuit against a military contractor for abuse at the prison, dismissing the contract...
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Chief Justice John Roberts is a complex and subtly innovative jurist. The Supreme Court’s census decision revealed his skills, particularly seen against the backdrop of the gerrymandering case decided th...
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On June 21, the U.S. Court of Appeals for the D.C. Circuit returned to the question of the constitutional rights possessed by the detainees remaining at the U.S. naval base at Guantanamo Bay, Cuba. In pa...
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On Friday, the D.C. Circuit ruled in Qasim v. Trump that circuit precedent in Kiyemba v. Obama does not preclude Guantanamo detainees from claiming procedural due process violations. The ruling reverses ...
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Has the statutory foundation for detention of enemy combatants quietly collapsed thanks to changing circumstances in Afghanistan? Justice Stephen Breyer is urging his colleagues to take up that question....
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The International Criminal Court Appeals Chamber has released its decision in the appeal of Omar al-Bashir, finding in a split ruling that Jordan should have arrested al-Bashir during his visit to the co...
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On April 4, the United States revoked the visa of International Criminal Court (ICC) Prosecutor Fatou Bensouda over her investigation of U.S. troops in Afghanistan. The ICC recently rejected that request...
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On Friday, a panel of three International Criminal Court judges rejected the request of the court's Prosecutor to investigate "the situation" in Afghanistan, including alleged war crimes committed by the...