The Starvation War Crime in Sudan and Gaza

A Landmark Court Opinion on the Ocean and Climate Change

Last week, an international court issued a major decision that could impact how nations around the world address climate change and protect the ocean.

On May 21, the International Tribunal for the Law of the Sea (ITLOS), also known as “The Oceans Court,” delivered an advisory opinion holding that countries must take all necessary measures to prevent, reduce, and control pollution of the marine environment from greenhouse gas emissions. This is the first time that an international court has ruled directly on countries’ international legal obligations to mitigate climate change. The European Court of Human Rights found similar State obligations under the European Convention on Human Rights in April.

The ITLOS decision is a major victory for the Commission of Small Island States on Climate Change and International Law, COSIS, a coalition of nine nations from the Caribbean and the Pacific. For small island States, climate change is an existential threat. Protecting the world’s oceans, which act as important heat and carbon sinks, is key to maintaining fish stocks, reducing the frequency and intensity of devastating storms, and preserving plants and wildlife.

What exactly did the Tribunal decide? How might this groundbreaking ruling impact future climate policy?

Co-hosting this episode is Just Security’s Managing Editor, Megan Corrarrino, and joining the show to discuss the Tribunal’s decision and its potential impact are Catherine Amirfar and Ambassador Cheryl Bazard.

Catherine is Chair of the Subcommittee on Litigation Management of COSIS’s Committee of Legal Experts and the Co-Chair of the law firm Debevoise & Plimpton’s International Dispute Resolution Group. She is also the Co-Chair of Just Security’s Advisory Board. Ambassador Cheryl Bazard serves as The Bahamas' Ambassador to Belgium and the European Union. The Bahamas is one of the nine COSIS States that sought the opinion.

Show Notes:

• Ambassador Cheryl Bazard
• Catherine Amirfar
• Megan Corrarino (@MeganCorrarino)
• Paras Shah (@pshah518)
• Catherine and Duncan Pickard’s Just Security article “Q&A: ‘The Oceans Court’ Issues Landmark Advisory Opinion on Climate Change”
• Rebecca Hamilton’s Just Security article “The ‘Year of Climate’ in International Courts”
• Just Security’s Climate Change coverage
• Just Security’s International Law coverage
• Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

Courtroom Views from Inside Trump’s New York Criminal Trial

We are over a month into former President Donald Trump’s historic criminal trial. The prosecution and defense have each presented their cases, and a Manhattan jury will soon decide whether Trump broke the law and interfered in the 2016 election by falsifying business records in an effort to cover up “hush money” payments to adult film actress Stormy Daniels.

What has it been like inside the courtroom? What can we expect next from each side in closing arguments?

Joining the show to discuss the trial and what comes next are seasoned legal reporters Terri Austin and Adam Klasfeld.

Terri is an experienced lawyer and legal analyst and Adam is a veteran reporter and Journalism Fellow at Just Security. They’ve both covered Trump’s New York trial from inside the courtroom since day one.

Show Notes:

• Terri Austin (@Terridaustin)
• Adam Klasfeld (@KlasfeldReports)
• Paras Shah (@pshah518)
• Just Security’s Trump New York criminal trial coverage
• Just Security’s “Trump Trials Clearinghouse”
• Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

A Request for ICC Arrest Warrants and the Israel-Hamas War

On Monday, May 20, International Criminal Court head Prosecutor Karim Khan announced that he has submitted an application to the Court’s judges to issue arrest warrants for Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the Minister of Defence of Israel, and three Hamas leaders, including Yahya Sinwar, for war crimes and crimes against humanity. The allegations are extensive, as discussed in a lengthy statement released by the Prosecutor, although the application itself is not yet public.

The decision has major implications for the devastating conflict still raging in Gaza; and for how the Court interacts with nations across the world. In Washington, the arrest warrants are certain to threaten recent increased cooperation with the Court, and efforts to prosecute Russian officials for war crimes and crimes against humanity committed in Ukraine could also be jeopardized.

Joining the show to discuss Khan’s request and its potential consequences are Todd Buchwald, Tom Dannenbaum, and Rebecca Hamilton.

Todd formerly served as Ambassador and Special Coordinator for the State Department’s Office of Global Criminal Justice. Tom is an Associate Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University, where he is also Co-Director of the Center for International Law and Governance. Rebecca is a law professor at American University and an Executive Editor at Just Security.

Show Notes:

• Tess Bridgeman (@bridgewriter)
• Todd Buchwald
• Tom Dannenbaum (@tomdannenbaum)
• Rebecca Hamilton (@bechamilton)
• Paras Shah (@pshah518)
• Just Security’s Symposium “The International Criminal Court and Israel-Hamas War”
• Tom’s Just Security article “Nuts & Bolts of Int’l Criminal Court Arrest Warrant Applications for Senior Israeli Officials and Hamas Leaders”
• Rebecca, Tess, and Ryan Goodman’s article “Timeline of Int’l Crim Court Arrest Warrants for Gaza War: What Comes Next and How We Got Here”
• Just Security’s Gaza coverage
• Just Security’s International Criminal Court coverage
• Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

The 'Year of Climate' in International Courts

Last month, Europe’s top human rights court issued a major decision in the fight against climate change. In KlimaSeniorinnen v. Switzerland, the highest chamber of the European Court of Human Rights found that the Swiss government has violated the human rights of its citizens by not doing enough to address the threat of climate change. The decision is a landmark ruling for activists, lawyers, and communities who are trying to use human rights law to hold governments accountable for promises to fight global warming.

But it’s not the only case asking what international law requires of nations when it comes to protecting the environment. The Inter-American Court of Human Rights, the International Tribunal for the Law of the Sea, and the International Court of Justice are all grappling with similar questions.

What do these cases mean for the fight against climate change? Where are the opportunities and risks?

Joining the show to discuss the “Year of Climate” in international courts and tribunals are Naima Fifita and Joana Setzer.

Naima is a lawyer from Tuvalu who has taken an active role in proceedings by small island nations before the International Tribunal for the Law of the Sea. Joana is an Associate Professorial Research Fellow at the Grantham Research Institute on Climate Change and the Environment at the London School of Economics and Political Science (LSE).

Show Notes:

• Naima Fifita
• Joana Setzer (@JoanaSetzer)
• Paras Shah (@pshah518)
• Rebecca Hamilton’s Just Security article “The ‘Year of Climate’ in International Courts”
• Just Security’s Climate Change coverage
• Just Security’s International Law coverage
• Music: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
• Music: “Curiosity” by “All Good Folks” from Uppbeat: https://uppbeat.io/t/all-good-folks/curiosity (License code: X6SN2UGIWYHPDJGF)

Harm to Women in War Goes Beyond Sexual Violence: `Obstetric Violence' Neglected

In recent decades, the international community has sought to address the particular harms that women and girls experience in war. International law now punishes sexual violence in armed conflict. And there’s the Women, Peace and Security agenda, which the U.N. Security Council launched in 2000 with Resolution 1325. That requires member States to consider impacts of conflict based on gender and to involve women more in all aspects of conflict prevention, management, and resolution.

But while some harms rightly receive coverage and draw condemnation, other forms of violence are overlooked. In November 2023, the World Heath Organization estimated that there were 50,000 pregnant women in Gaza. Since the October 7th Hamas terrorist attack, it is estimated that nearly 20,000 babies have been born into the humanitarian catastrophe that has unfolded in the Gaza strip.

Around the world – from Ukraine to Sudan to Gaza – violence experienced by pregnant civilians, women giving birth, nursing women, and women struggling to survive in the period after childbirth remains entirely at the sidelines of global political conversations.

Joining the show to discuss what experts call “obstetric harms” faced by women and girls in armed conflict and the obligations of combatants in the face of these risks, is Fionnuala Ní Aoláin. Fionnuala is the former U.N. Special Rapporteur on Human Rights and Counterterrorism, and a law professor at the University of Minnesota and at Queen’s University School of Law in Belfast, Northern Ireland. We’re honored to have her as an Executive Editor at Just Security.

Show Notes:

• Fionnuala Ní Aoláin (@NiAolainF)
• Viola Gienger (@ViolaGienger)
• Paras Shah (@pshah518)
• Fionnuala’s Just Security article “A Zone of Silence: Obstetric Violence in Gaza and Beyond”
• Just Security’s International Humanitarian Law (IHL) coverage
• Just Security’s Sexual and Gender-Based Violence (SGBV) coverage
• Just Security’s U.N. Security Council coverage
• Music: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
• Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)