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News
26.09.2024

9 October: Joëlle Trampert’s PhD defense

In September 2018, Joëlle Trampert joined the Rethinking SLIC project as a PhD candidate. On Wednesday, the 9 October, at 11.00 am she will publicly defend her PhD dissertation entitled ‘State Responsibility for Complicity in and Other Contributions to International Crimes and Serious Human Rights Violations’ in the Aula - Lutherse kerk in Amsterdam.

Criminal law
02.06.2024
Guusje van der Vorst and Ava Schuster

Reflections on the final Rethinking SLIC* conference

On 30 and 31 May 2024, we hosted the final Rethinking SLIC* conference at the University of Amsterdam. In this blog, we reflect on some key discussions during this conference.

Criminal law
27.05.2024
Göran Sluiter

The application for ICC arrest warrants against Netanyahu, Gallant and three Hamas leaders - a victory for justice?

On 20 May 2024, the prosecutor of the ICC, Karim Khan, announced that he has applied for arrest warrants against three Hamas leaders and Israeli Prime Minister, Netanyahu, and Defence Minister, Gallant. Karim Khan believes that there is sufficient evidence that these suspects are guilty of multiple war crimes and crimes against humanity from 7 October 2023 onwards.

In this analysis, I explore various aspects of the potential arrest warrants for the five suspects, against the backdrop of the broader question of whether this represents a victory for justice. 

Criminal law
23.11.2023
Göran Sluiter

Are Dutch government officials complicit in war crimes committed by Israel?

Recent coverage by the NRC Handelsblad reveals that the Netherlands supplies spare parts for Israel's F35s – a type of combat aircraft. Despite warnings from legal advisers that through this supply the Netherlands would facilitate war crimes committed by Israel, the deliveries are ongoing.

In this blog post, I answer the question whether the cabinet, in particular the most involved ministers, namely Rutte (general affairs), Bruins Slot (foreign affairs), and Schreinemacher (foreign trade), are complicit under Dutch criminal law in war crimes committed - and yet to be committed - by Israel.

Criminal law
19.10.2023
Marc Tiernan

Are Social Media Algorithms “Passive Nonfeasance”? What Twitter v. Taamneh Got Wrong

On 18 May 2023, the U.S. Supreme Court dismissed claims that Facebook, Twitter, and Google knowingly assisted an ISIS attack on the Reina nightclub in Istanbul, Turkey in 2017. In the case Twitter, Inc v. Taamneh, the Court determined that the companies “at most allegedly stood back and watched” when they failed to remove content and stop ISIS from using their services. But did the Court mischaracterize the companies’ alleged assistance as omissions? 

Criminal law
02.08.2023
Tomas Hamilton

Transnational ne bis in idem for corporate involvement in international crimes: the Lafarge proceedings in the U.S. and France

In recent proceedings in Paris and New York, Lafarge SA, a French corporation, faced allegations surrounding its dealings with terrorist groups ISIL and Al-Nusra Front during the Syrian civil war. The similarities between the French and U.S. cases, along with shared defendants and charges, raise questions concerning ne bis in idem and double jeopardy. This blog post explores whether the concluded U.S. Settlement could impact the ongoing French proceedings.

Criminal law
12.07.2023
Tomas Hamilton

Could the U.S. Lafarge Settlement provide Reparations for Victims of ISIL?

In the first-ever U.S. prosecution of its kind, the Lafarge corporation and its subsidiary, Lafarge Cement Syria, were sentenced to $778 million in financial penalties for providing material support to terrorist organizations. This post reviews the fine and asset forfeiture components of the Lafarge Settlement and considers the broader significance of the Settlement for the victims of terrorism while discussing proposals for Congress to establish a permanent U.S. Fund for Victims of Designated Terrorist Organizations that would distribute corporate financial penalties to victims.

News
08.05.2023

Talk on Colonisation, and Business and Human Rights at Tilburg University

On Wednesday, 26 April 2023, Rethinking SLIC* team members Jindan-Karena (‘Nina’) Mann and Nicky Touw presented at a symposium on ‘Colonisation in, of and through Business & Human Rights’ which was organised by the University of Tilburg & Working Group on Business and Human Rights of the Netherlands Network of Human Rights Research (NNHRR) and hosted at Tilburg University.

Criminal law
02.05.2023
Göran Sluiter & Tomas Hamilton

Chinese Military Support to Russia could make Xi Jinping complicit in War Crimes

Uncertainty continues as to whether China is selling weapons to Russia for use in the Ukraine war. After President Xi Jinping’s visit to his Russian counterpart Vladimir Putin in March 2023, leaked US intelligence documents showed China had approved the provision of weapons to Russia disguised as civilian items. This was met with a clear statement from China’s foreign minister that “China will not provide weapons to relevant parties of the conflict”. Meanwhile, the Chinese Defense Minister paid a visit to Russian military officials, while Ukraine said it was increasingly finding Chinese weapon components on the battlefield.

News
24.04.2023

Talk on AI harms and liability at Promise Institute, UCLA

On 17 April 2023, Rethinking SLIC* member Marc Tiernan gave a talk at UCLA Law School titled "The People v. AI". The event was hosted by the UCLA Promise Institute, moderated by Jessica Peake, and co-sponsored by UCLA Law's International and Comparative Law Program, Institute for Technology, Law and Policy, and Visiting Scholars, Jurists, and Researchers Program.

Criminal law
23.03.2023
Göran Sluiter

The criminal justice response to the war in Ukraine one year later - the arrest warrant against Putin from the ICC and the discussion of a special 'aggression tribunal'

With the recent arrest warrants against Putin and Lvova-Belova, the ICC has shown that it is properly and energetically tackling the investigation and prosecution of war crimes in Ukraine. In the past year, there has also been a lot of discussion about whether a new special international tribunal for the crime of aggression should be set up in addition to the prosecution of war crimes at the ICC. In this follow-up blog, I discuss both developments.

News
12.02.2023

SLIC* collaboration with NEXOS

Marina Aksenova and SLIC* member Tom Hamilton published an article, originally released on Opino Juris, in Nexos titled "Mexico's Civil Litigation against US Gun Manufacturers and Dealers for Cartel Violence: Developing a Standard of Corporate Complicity in Gross Human Rights Violations" which is translated and available in Spanish.

Criminal law
17.01.2023
Tomas Hamilton & Marina Aksenova

Mexico's Civil Litigation Against US Gun Manufacturers and Dealers for Cartel Violence: Developing a Standard of Corporate Complicity in Gross Human Rights Violations

In the ongoing civil suits between Mexico and US gun manufacturers like Smith & Wesson and Diamondback Shooting Sports Inc., the Mexican government is pursuing claims for damages linked to cartel violence. A recent development saw the dismissal of the Smith & Wesson lawsuit by a US district court judge, which Mexico plans to appeal. This litigation is pioneering in that it seeks to clarify legal standards for holding business enterprises responsible for facilitating severe harm in a transnational setting.

News
12.01.2023

SLIC* collaboration with ELBML and WRI in Cambodia

On 11 January 2023, the English Language Based Master of Law (ELBML) Program of the Royal University of Law and Economics successfully organised a webinar on "Rethinking Corporate Accountability in the Arms Trade: Criminal and Civil Liability Perspectives” in collaboration with Rethinking SLIC* and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (WRI). The engaging discussion, spearheaded by Socheata SAO, director of ELBML, in Phnom Penh received wonderful attendance and participation.

State responsibility
14.12.2022
Joëlle Trampert

Possible implications of the Dutch MH17 Judgment for the Netherlands' Inter-State Case before the ECTHR

Eight years after the downing of MH17, the victims’ next of kin as well as their respective governments are pursuing multiple avenues to achieve justice and accountability and establish the truth. Due to the fact that most of the persons on board flight MH17 were Dutch nationals, the Netherlands has taken a prominent position in this pursuit. One of the Netherlands’ efforts is the prosecution of four individuals part of the separatist Donetsk People’s Republic (DPR) in eastern Ukraine. Another is the inter-State application against the Russian Federation before the European Court of Human Rights.

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