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Luigi Prosperi

@luigiprosperi

Assistant prof of Criminal Law (Utrecht Uni). Editor, Rivista OIDU. PhD in International Law (Sapienza Uni, Rome). Main interests: International and European Criminal Law. Https://www.uu.nl/staff/LProsperi

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Latest posts by Luigi Prosperi @luigiprosperi

See also (on the domestic criminal law implications):

bsky.app/profile/bcfi...

13.03.2026 17:56 πŸ‘ 26 πŸ” 2 πŸ’¬ 0 πŸ“Œ 0
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Declaring that no quarter will be given is straightforwardly prohibited under international humanitarian law.

When done to threaten an adversary, the declaration itself amounts to a war crime.

www.nytimes.com/2026/03/13/u...

13.03.2026 15:15 πŸ‘ 532 πŸ” 190 πŸ’¬ 11 πŸ“Œ 30

Sharing my view on β€œThe United States’ Flawed Justifications for the Intervention in Iran: Anticipatory Self‑Defence and Ad Hoc Collective Self‑Defence.”
blogs.uwe.ac.uk/bristol-law-...

13.03.2026 18:10 πŸ‘ 3 πŸ” 3 πŸ’¬ 0 πŸ“Œ 0

Declaring that no quarter will be given unequivocally violates international humanitarian law. Indeed, ordering that no quarter will be given, threatening an adversary therewith or conducting hostilities on this basis is prohibited and constitutes a war crime.

13.03.2026 18:44 πŸ‘ 1644 πŸ” 443 πŸ’¬ 65 πŸ“Œ 22
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Closing the Last Gap in International Criminal Law: Why a Convention on Crimes Against Humanity Matters This is a post in our Joint Symposium on β€œNegotiating a Treaty on Crimes Against Humanity” run in partnership with Just Security.Β  The international community stands at a pivotal moment in the evoluti...

Recommended reading: "Closing the Last Gap in International Criminal Law: Why a Convention on Crimes Against Humanity Matters" by Jorg Polakiewicz (Director of "Legal Advice and Public International Law" of the Council of Europe) www.ejiltalk.org/closing-the-... via @ejiltalk.bsky.social

13.03.2026 13:24 πŸ‘ 6 πŸ” 2 πŸ’¬ 0 πŸ“Œ 0

and 2) that "parts of the elements of the alleged crimes" were committed in Lithuania, an ICC State Party" (unlike Belarus) - meaning that the Myanmar/Bangladesh theory is picking up steam at the ICC. In other words: since deportation is a "cross-border crime", it was "completed" in Lithuania.

13.03.2026 13:05 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

2 important findings: 1) that "coercive acts leading to deportation constituted a course of conduct against (...) opponents of the Government of Belarus, pursuant to or in furtherance of a State policy" (meaning that the targeting of opponents can amount to an attack against the civilian population)

13.03.2026 12:59 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

In particular, the OTP believes there is a reasonable basis to believe that coercive acts carried out by the Government of Belarus led to deportation and may also constitute persecution, both amounting to crimes against humanity. See the preliminary findings here: www.icc-cpi.int/sites/defaul...

13.03.2026 12:52 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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ICC Office of the Prosecutor concludes preliminary examinations into Venezuela II and Lithuania/Belarus The Office of the Prosecutor of the International Criminal Court (ICC) has concluded its preliminary examinations into the Situation in Venezuela II, and the Situation in Lithuania/Belarus, both refer...

BIG news from the #InternationalCriminalCourt: the Office of the Prosecutor concluded preliminary examinations into Venezuela II and Lithuania/Belarus, deciding that there is reasonable basis to investigate only into the latter www.icc-cpi.int/news/icc-off...

13.03.2026 12:49 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Thesis proposal assessments week behind our backs, finally some time to catch up with news and most importantly, blog posts & publications!

13.03.2026 12:46 πŸ‘ 0 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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ICC Appeals Chamber confirms decision on inadmissibility of the case against Edmond Beina Today, 11 March 2026, the Appeals Chamber of the International Criminal Court (ICC) confirmed Pre Trial Chamber II's Decision on the Central African Republic’s challenge to the admissibility of the ca...

An appeals chamber at the ICC says Edmond Beina will stay in the Central African Republic to face justice at the Special Criminal Court and will face trial in The Hague.

11.03.2026 13:37 πŸ‘ 2 πŸ” 1 πŸ’¬ 1 πŸ“Œ 0

Looks super interesting!

11.03.2026 14:58 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
Statement by the ASP Presidency concerning the receipt of the external judicial expert Panel report on alleged misconduct by the ICC Prosecutor The Presidency of the Assembly of States Parties to the Rome Statute confirms that the conclusions of the Panel of judicial experts on alleged misconduct by the ICC Prosecutor were received on 9 March...

Ad Hoc Panel report on the Prosecutor’s alleged misconduct has gone to the Bureau.

πŸ“ asp.icc-cpi.int/press-releas...

Now the Bureau needs to decide on next steps - to sanction or ask the ASP to remove - within 5 days.

More here: www.justiceinfo.net/en/156124-wh...

10.03.2026 16:18 πŸ‘ 2 πŸ” 2 πŸ’¬ 0 πŸ“Œ 0
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Man in UK charged with crimes against humanity in Syria The 58-year-old man has been charged in relation to his time working in the Syrian Air Force Intelligence.

Some universal jurisdiction news from the UK:

A man has been charged w 3 counts of murder as a crime against humanity, 3 counts of torture, & one offence of conduct ancillary to murder as a crime against humanity, linked to attacks against civilians in Syria in 2011: www.bbc.com/news/article...

10.03.2026 21:12 πŸ‘ 24 πŸ” 8 πŸ’¬ 0 πŸ“Œ 0
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Why international law is still the world’s best defence Should we permit the foundations of international law to erode, the world would slip once more into anarchy and chaos.

Why international law is still the world’s best defence. By former ICC prosecutor Fatou Bensouda and her chief of staff Sam Sasan Shoamanesh

08.03.2026 19:13 πŸ‘ 8 πŸ” 8 πŸ’¬ 0 πŸ“Œ 2

The combined human and environmental toll of this unlawful and unnecessary war is obscene

08.03.2026 20:20 πŸ‘ 54 πŸ” 20 πŸ’¬ 2 πŸ“Œ 0

What must follow is accountability. Great work by @bellingcat.com

08.03.2026 20:44 πŸ‘ 1 πŸ” 3 πŸ’¬ 0 πŸ“Œ 0

No IHL expert but I think the use of ambulances and emblems such as the Red Cross (or in this case another organization with identical status) so to feign a protected status is a textbook case of perfidy, yeah.

08.03.2026 20:45 πŸ‘ 4 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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β€œThe Unwillingness to Call This Illegal Is a Terrible Mistake”

Five Questions to Oona A. Hathaway

Read it in English here:

verfassungsblog.de/the-unwillin...

And in German here:

verfassungsblog.de/die-weigerun...

07.03.2026 12:52 πŸ‘ 128 πŸ” 59 πŸ’¬ 1 πŸ“Œ 7

For an earlier discussion of related practice in Gaza see

www.justsecurity.org/109263/gaza-...

08.03.2026 05:05 πŸ‘ 48 πŸ” 24 πŸ’¬ 1 πŸ“Œ 1

Historians will refer to this era as the "Warcrimapalooza period"

08.03.2026 10:10 πŸ‘ 4 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0

Moral bankruptcy at its finest.

08.03.2026 12:28 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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From Bush Sr to Trump: the risks, lessons and legacy of US interference in the Middle East While there are similarities with the wars against Iraq, the Iran conflict may prove to be the most dangerous and consequential yet

The costs (human, political, financial, social) of the Iraq war 2003 have been utterly devastating. This time, the lack of planning and the disregard of international law are even more manifest. Don't want to think how devastating this war can be (and already is).
www.theguardian.com/world/ng-int...

08.03.2026 10:57 πŸ‘ 1 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0

10 years negotiating the criminalization of ecocide, endless academic discussions about its definition and requirements, meanwhile the most powerful army in the world doesn’t care that intentionally hitting oil refineries can poison a city of 9 million people and the environment. It’s infuriating.

08.03.2026 12:23 πŸ‘ 49 πŸ” 19 πŸ’¬ 0 πŸ“Œ 0

1/ Timothy Snyder posted this at 2am. He's right. But the full picture is even worse than he describes.

Here's what I've found about the evidence and implications

🧡

08.03.2026 12:06 πŸ‘ 46 πŸ” 35 πŸ’¬ 1 πŸ“Œ 5

The United Kingdom is not only aiding and assisting the United States’ unlawful use of force against Iran but also is running the risk of committing an act of aggression itself.

The 1974 Definition of Aggression of the UN General Assembly includes the following:

07.03.2026 11:58 πŸ‘ 15 πŸ” 9 πŸ’¬ 0 πŸ“Œ 0
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The US attack on an Iranian warship did not violate international law, experts say Legal experts say a U.S. submarine’s deadly attack on an Iranian warship does not appear to have violated international or American military law.

A U.S. submarine’s deadly attack on an Iranian warship does not appear to have violated international or American military law, though it’s not yet clear whether the sub took sufficient measures to rescue nearly three dozen survivors, legal experts said.

07.03.2026 09:05 πŸ‘ 25 πŸ” 4 πŸ’¬ 3 πŸ“Œ 1

You know who is getting things done today? ICC appeals court judges.

They just released a decision keeping former Philippine President Rodrigo Dutertein custody.

06.03.2026 13:57 πŸ‘ 14 πŸ” 3 πŸ’¬ 1 πŸ“Œ 0

"No stupid rules of engagement ... no politically correct wars" US Secretary of Defence Pete Hegseth

06.03.2026 17:58 πŸ‘ 72 πŸ” 37 πŸ’¬ 5 πŸ“Œ 3

Maybe this is too international law of me, but you can’t liberate women by slaughtering school girls.

05.03.2026 22:23 πŸ‘ 21 πŸ” 12 πŸ’¬ 2 πŸ“Œ 0