Faculty Commentary

The Gambia’s Supreme Court is weighing whether the country’s 2015 ban on female genital mutilation is unconstitutional — a challenge brought by religious traditionalists who say the prohibition violates their rights to culture and religion. The outcome in Almamy Gibba and Others v. Attorney General will test whether a cultural practice can claim constitutional protection [...]

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The international system stands at an inflection point. The simultaneous rise of strongman leadership in China, Russia and the United States—three states whose power shapes global order—has accelerated a worldwide retreat from liberal democracy, multilateralism and the rule of law. This trend is not isolated. It has emboldened authoritarian figures across the globe, weakened international [...]

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Mark Twain, by Alvin Langdon Coburn, Public domain.

“The report of my death was an exaggeration.” —Mark Twain Friday, July 17 was the annual World Day for International Criminal Justice, chosen to commemorate the adoption of the Rome Statute of the International Criminal Court (ICC). This year, that commemoration was, at best, overshadowed by US Secretary of State Marco Rubio’s pledge to “dismantle” [...]

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A few weeks ago, while standing in a crowded Tehran metro station, I found myself facing a public display commemorating children reportedly killed in an airstrike on a school in Minab. The station continued to function around me with mechanical indifference: announcements repeating, passengers moving, bodies circulating through space as if nothing had been interrupted. [...]

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Israel has ignored three binding International Court of Justice (ICJ) orders on Gaza for more than two years, a United Nations commission of inquiry concluded June 18, finding that it “continues to blatantly disregard” measures issued in January, March and May 2024 (A/HRC/62/CRP.2, para. 330). The finding is not just another entry in a long [...]

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Whether the issue is redistricting, affirmative action, voting rights, abortion, presidential immunity, or any of the other country-defining questions that the Roberts Court has decided over the last two decades, there can be no doubt that the justices dramatically changed our nation’s politics and national identity. But the Roberts Court is not unique in its [...]

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Photo provided to JURIST.

In mid-June, 17-year-old Shakiba* was arrested by the Taliban’s morality police (the Ministry for the Promotion of Virtue and Prevention of Vice) along with dozens of other women. Her alleged crime was “improper hijab.” Shakiba was fully covered in a chadar namaz—a full-body prayer veil—but she was wearing a little eye makeup, and that was [...]

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An aggravating circumstance is any factor surrounding a criminal act that increases the severity of the harm or the culpability of the offender. When present, an aggravating circumstance elevates the charge to a higher classification. The result is a harsher penalty at sentencing. The International Criminal Court should consider designating evidence of drugged action (combatants [...]

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A hot afternoon, a stifling café, the hum of talk around us. A companion nodded toward a woman nearby and asked me: “Who comes to a café wearing skin-tight leggings and carrying an aggressively feminine fake Gucci bag? It doesn’t match, does it, Malek? There’s something aesthetically incoherent about the whole composition—something excessive, almost irritating: [...]

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Judges pictured during a trial against leading Nazi figures in Nuremburg, 1945 // Ray D'Addario // Public Domain

The United States once stood as the principal architect of modern international criminal justice, from Nuremberg and Tokyo to the ad hoc tribunals for Yugoslavia and Rwanda, the Special Court for Sierra Leone, and the Extraordinary Chambers in the Courts of Cambodia. Today, however, it finds itself in the disquieting position of actively undermining the [...]

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