Co-Chair
Danya Chaikel
Co-Chair
Shannon Raj Singh
War Crimes Committee
The IBA’s War Crimes Committee is the only IBA committee of its kind focused specifically on international criminal law. The committee works alongside the IBA Human Rights Institute to promote justice around the world and uphold the principle of accountability.
About the Committee
The IBA’s War Crimes Committee is the only IBA committee of its kind focused specifically on atrocity crimes, and international criminal law and practice. Over the past fifteen years there has been tremendous growth and development in this field of law. This new committee provides a forum for the very diverse group of practitioners and scholars involved in this area of law.
The committee endeavours to provide IBA members with comprehensive and reliable information and resources on international criminal law. It also provides lawyers, international agencies and tribunals with an unparalleled and easily accessible network of contacts and, in turn, is directly involved with the IBA’s ongoing programme in support of international, ad hoc and domestic war crimes tribunals.
The committee works alongside the IBA Human Rights Institute and the IBA Human Rights Law Committee to promote justice around the world, and uphold the principle of accountability.
Starting in 2017, the War Crimes Committee has established a special connection to the International Committee of the Red Cross (ICRC), who have appointed an IHL Expert/Observer to the Committee.
The War Crimes Committee has the following statement of aims:
- To be the pre-eminent professional organisation for lawyers working in the area of international criminal law
- To provide a first class and easily accessed network of contacts in this field of law
- To provide a reliable and comprehensive source of information and resources on international criminal law
- To work together with the IBA Human Rights Institute to promote the rule of law around the world, and in particular to encourage adherence to the principles of international criminal law
- To inspire and encourage young lawyers in the field of international criminal law
Please join us for our fourth full membership meeting of 2024, which will take place on Monday December 9th, 6am GMT.
The link to register for and join this meeting can be found here.
No one is above the law: the IBA War Crimes Committee stands with the ICC and condemns threats to the Court
The War Crimes Committee* of the International Bar Association (IBA) unequivocally condemns the recent threats and acts of intimidation directed at International Criminal Court (ICC) personnel and their families by officials from the United States (US) and Israel. These actions represent a grave attempt to interfere with the Court's independence and the impartiality of the judicial process.
Such intimidation tactics are not only an affront to the rule of law, but also undermine the ICC's critical role in ensuring accountability for the most serious international crimes, including war crimes, crimes against humanity and genocide. These threats are also fundamentally at odds with the needs of victims of mass violence, as they seek to obstruct access to justice and deny them the accountability and redress they deserve.
The recent inflammatory statements by US lawmakers and their ongoing efforts to sanction ICC officials, alongside Israel’s alleged decade-long campaign of surveillance, hacking and intimidation of ICC officials, are unacceptable and undermine the ICC's efforts to uphold international justice and accountability. Despite significant support for ICC investigative and prosecutorial efforts against Russia related to the war with Ukraine, US lawmakers are now condemning the ICC's actions in issuing arrest warrants for leaders of Hamas and Israel as ‘disgraceful’ and ‘lawless’, once again threatening sanctions and calling the court a ‘rogue agency’ that undermines US sovereignty and national security. As a critical player in the international community, such actions risk alienating and diminishing US influence globally. US lawmakers must stop promoting selective justice and support the ICC’s independence and impartiality in all situations and for all cases.
The ICC was established to investigate and prosecute individuals for the most serious crimes of international concern and operates according to its foundational principle of complementarity, intervening only when national jurisdictions are unwilling or unable to prosecute the same persons and crimes under investigation at the ICC. The Court's independence and impartiality are paramount, and any attempts to undermine these principles threatens the integrity and effectiveness of international criminal proceedings.
We welcome the recent joint statement of 93 ICC States Parties in support of the ICC, and call on all 124 ICC member states to uphold their legal and moral commitments to support and cooperate with the ICC, to protect its independence, and ensure that it can carry out its mandate without fear of retaliation. It is imperative that the entire international legal community, including non-member states such as the US, stands united in defending the integrity and impartiality of the ICC against any attempts to undermine its work, in any conflict, in any region.
We must safeguard the ICC’s unique role as a symbol of hope and a strong pillar of international law and human rights.
*The IBA War Crimes Committee is a professional body of leading lawyers and international criminal law experts, dedicated to addressing grave breaches of international law and promoting justice and accountability. This statement has been supported by our officers and by our Advisory Board, which includes distinguished practitioners who bring a wealth of experience and expertise to our mandate. The committee works alongside the IBA Human Rights Institute to uphold the principles of accountability and justice globally.
The views expressed in this statement are those of the IBA War Crimes Committee and do not necessarily reflect the views of all individual members.
The International Criminal Court (ICC) in a nutshell
Leila Sadat, James Carr Professor of International Criminal Law at Washington University School of Law and Special Adviser on Crimes Against Humanity to the ICC Prosecutor (2013–2023), gives a brief introduction to the investigative process of the International Criminal Court (ICC).
Israel/Palestine webinar 2021
In May 2021, the IBA War Crimes Committee hosted a webinar on the legal analysis of the ongoing conflict between Israel and Palestine. The panel examined the situation in Israel and Palestine from a legal perspective with regards to war crimes and violations of international humanitarian law, and looked at the targeting of civilians, journalists and medical facilities and personnel. Part of the discussion focused on the pending investigation at the International Criminal Court.
Moderator:
- Sara Elizabeth Dill, Anethum Global, Gulf & Middle East Region, Washington DC; Treasurer, IBA War Crimes Committee
Panel:
- Adil Haque, Professor of Law and Judge Jon O Newman Scholar, Rutgers Law School, Newark, New Jersey
- Riz Khan, independent journalist, Washington DC
- Leila Sadat, James Carr Professor of International Criminal Law, Washington University School of Law, St. Louis, Missouri
- Omar Dajani, Co-Director, McGeorge Law School Global Center for Business & Development, Sacramento, California
Past webinar recordings: Ukraine-related
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War Crimes Committee Conference - Session 1: The situation in Ukraine
9 May 2022
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10 May 2022
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War Crimes Committee Conference - Session 3: Human rights-centered sanctions regimes
11 May 20221
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12 May 2022
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War Crimes Committee Conference - Session 5: Legal pluralism and the International Criminal Court
13 May 2022
Ukraine Crisis Legal Resources
The International Bar Association’s (IBA) War Crimes Committee (WCC) strongly condemns the invasion of Ukraine by Russian forces, and supports the IBA’s response to the crisis.
WCC officers call on all parties to the conflict to comply with the rules of war and for international criminal law to be enforced. We support domestic and international efforts to bring accountability for alleged atrocity crimes being perpetrated by any individual engaged in the conflict. The legal resources below provide WCC members with information on select efforts to document and collect evidence at a criminal law standard, ways for lawyers to contribute through pro bono efforts, as well as temporary protection options around the world for Ukrainians fleeing the conflict.
Please note that the views and opinions expressed in these resource links do not necessarily reflect the positions of the IBA’s WCC or the IBA in general. The links are provided for awareness of the issues, and this document and links do not constitute legal advice. The linked activities are not necessarily endorsed by the IBA’s WCC or the IBA, and their descriptions below are provided as a courtesy, based upon information on the respective website (at times direct quotes). The descriptions have not been independently verified by the IBA’s WCC or the IBA. This is a non-exhaustive list, and WCC members are welcome to contact WCC officers with potential additional resources.
On the IBA hub page on the Russia Ukraine crisis you will find IBA statements on the situation and Global Insight coverage of this and related issues in the form of articles, podcasts, and films.
- eyeWitness Ukraine – Resources Hub
This page contains key resources to help documenters in Ukraine capture relevant and reliable audio-visual evidence that can lead to justice. Through the eyeWitness app, photos and videos can be recorded and directly transmitted. The app automatically records time, date, and location. That information and the footage are sent encrypted. The way eyeWitness transmits and stores the footage creates a chain of custody to allow the photos to be used as evidence in court. eyeWitness catalogues the footage it receives and compiles it into dossiers for submission to international or national investigators.
- Amnesty International Evidence Lab
A guide to how Amnesty verifies military attacks in Ukraine: The Evidence Lab collects audio-visual material and analyzes it for evidence of violations of international law. This material includes satellite imagery, video footage and photos of air strikes and other attacks, and of the aftermath of these attacks, as well as images of weapons remnants. This page also contains a map and list of alleged attacks by Russian forces in Ukraine which the Evidence Lab has verified to date, some of which “may constitute war crimes under international law”.
- Bellingcat Investigation Team
Bellingcat is an independent international collective of researchers, investigators, and citizen journalists using open source and social media investigation to probe a variety of subjects. They are mapping incidents of civilian harm in Ukraine. Their Global Authentication Project consists of a community of open source researchers working with many individuals who have Ukrainian language skills and others with local contextual knowledge of the events and places seen on the map. Other participants include individuals skilled in geolocation and chronolocation, with all contributions being vetted by Bellingcat researchers.
- Canada’s War Crimes Program
Under the purview of the War Crimes Program, the RCMP has launched a national structural investigation into allegations of war crimes and crimes against humanity committed in Ukraine. A website has been launched to provide Ukrainians entering Canada with information about this national investigation and how they can share information.
- Clooney Foundation for Justice
The Clooney Foundation for Justice has started to investigate and carry out legal work to advance accountability for war crimes, crimes against humanity, and the crime of aggression committed in Ukraine, and pursue justice for victims through national and international courts. The Docket, CFJ’s initiative focused on justice for victims of international crimes, has a team on the outskirts of Kyiv and will spearhead the investigation and litigation. It will use its expertise in gathering survivor evidence and eyewitness testimonies as well as expert analysis of open-source evidential materials.
- Global Diligence
Global Diligence and its partners are helping coordinate the huge effort to document ongoing war crimes in Ukraine. GD has been documenting evidence of international crimes in Ukraine since 2014, and has submitted multiple case files to the International Criminal Court and national prosecutors under the principle of universal jurisdiction. For more information on how to participate or support civil society efforts on justice and accountability in Ukraine, please get in touch through the contact page or email info@globaldiligence.com
- Global Rights Compliance
GRC has been active in Ukraine since 2015. Since its arrival, GRC has been the amongst most active IHL experts, working with a range of government and non-government actors, including advising on the classification of the armed conflict, the application of IHL, the investigation, prosecution and adjudication of international crimes reportedly committed by the Russian authorities (e.g., forcible transfer, forced conscription, appropriation of property, indiscriminate attacks on civilian objects, and persecution), providing services to high-ranking officials in a range of government ministries and supporting civil society organisations in seeking remedies for violations of international law. Also see GRC’s Basic Investigative Standards For International Crimes Investigations [English][Russian].
- International Committee of the Red Cross (ICRC)
This ICRC page provides extensive information about international humanitarian law (IHL), a set of rules that seek to limit the effects of armed conflict. IHL aims to protect people who are not or are no longer participating in hostilities and restricts the means and methods of warfare. This page includes information on the Geneva Conventions and their Additional Protocols which form the core of IHL, which regulates the conduct of armed conflict and seeks to limit its effects.
- International Criminal Court - contact an investigator
The ICC has established this dedicated portal for individuals wishing to contact investigators from the Office of the Prosecutor (OTP) regarding current situations under investigation, including Ukraine. This platform is designed to help the OTP identify persons who may have information or evidence relevant to its investigations.
- International Partnership for Human Rights (IPHR)
IPHR is currently working to support Ukrainian human rights organisations to ensure accountability for violations perpetrated during the Maidan protests, as well as the ongoing conflict in eastern Ukraine. As part of this, it has trained, equipped and dispatched field monitors to investigate and document alleged war crimes for submission to the International Criminal Court. IPHR and its partners have also documented and highlighted violations of the rights of religious minorities and other vulnerable groups in the context of the conflict in eastern Ukraine, as well as Russia’s occupation of Crimea.
- Jusitce Info
Updated interactive map of Europe displaying the various domestic investigations of alleged atrocity crimes under the principle of universal jurisdiction, and international justice initiatives in the Russia/Ukraine conflict.
- Public International Law & Policy Group (PILPG)
Ukraine Transitional Justice & Documentation: the purpose of this portal is to provide capacity-building for civil society organisations and individuals seeking to document the alleged atrocity crimes and human rights violations being perpetrated in Ukraine.
- Truth Hounds
Truth Hounds has been documenting international crimes committed by all actors during the armed conflict in and occupation of parts of Ukraine’s territory since 2014. During this period they have made submissions to the International Criminal Court and provided analytical reports to national investigative authorities, including the Office of the Prosecutor General of Ukraine. Truth Hounds is reporting on their documentation of alleged war crimes in Ukraine on their website. Truth Hounds has also joined several dozen nonprofit organisations in a global initiative ‘Breaking the Vicious Circle of Russia’s Impunity for Its War Crimes’ which has documented and recorded over 1100 alleged war crimes committed by Russia in the territory of Ukraine in their joint database.
- Ukraine Office of the Prosecutor General
New online platform for eyewitnesses of international crimes to send their evidence (in Ukrainian).Also, see Ukraine’s Ministry of Justice webpage to report a war crime (in English): "If you have witnessed or been a victim of human rights violations, record and send evidence."
- Ukraine 5 AM Coalition
Ukraine 5 AM Coalition is made up of 16 Ukrainian human rights organisations devoted to documenting war crimes in Ukraine. The members of the coalition have relevant professional experience and expertise, as they have already been documenting grave crimes since the beginning of the Russian aggression in the Crimea, Donetsk, and Luhansk regions in 2014, followed by hundreds submissions to international courts.
- Ukrainian Legal Advisory Group
ULAG is a team of analysts and lawyers working to strengthen the domestic legal system, conducting strategic litigation, and engaging with other foreign domestic as well as international legal institutions.
- IPHR and Truth Hounds
Call for volunteers: interviewing victims of Russia’s alleged war crimes in Ukraine (in Ukrainian). Truth Hounds and IPHR are looking for volunteers to help interview victims and / or witnesses of war crimes allegedly committed by the Russian Federation in Ukraine. They are looking for people who: speak Ukrainian language fluently; are ready to dedicate 3-4 hours each day, at least several times a week, for interviews with victims in March-April; and have a phone with high speed internet. Legal education and/or experience in the field of human rights are welcome. To become a volunteer, please leave a message on WhatsApp, Viber or Signal at +995 551 10 28 81; +995 551 10 28 84.
- Justice Rapid Response
Call for Nominations for Expert Roster: Russian- and Ukrainian-speaking justice experts, including, inter alia, Open-Source Investigators, Prosecutors (preferably with experience in prosecuting international crimes), Child Rights Investigators, Criminal Investigators (preferably with experience in investigating international crimes), Sexual and Gender-Based Violence (SGBV) Investigators, and Gender Advisors. Deadline for nominations: 12 April 2022
- PILnet
Compilation of resources for organisations or individuals who need basic legal assistance concerning people on the move or documenting human rights abuses. PILnet works with civil society organisations to identify their legal needs and connect them with pro bono lawyers in PILnet’s global legal network who have the relevant skills and expertise to help. Join PILnet’s law firm network to provide pro bono support to civil society organisations: subscribe here to be updated on their latest pro bono matters from around the world.
- Ukraine Bar Association
Free legal advice (Telephone Advice Service and Legal Chat Service). “We urge all lawyers to join in supporting this initiative! Contact +38 (096) 742-71-07 (Telegram) and you will be told how to do it.”
- Ukrainian Crisis Legal Aid Database
Organised by the Hungarian law firm KNP Law, the Ukrainian Crisis Legal Aid Database is a joint project of a consortium of international law firms, attorneys, and legal tech providers. The database is a free resource to connect international lawyers willing to provide pro bono legal services with displaced Ukrainians seeking legal aid.
- University of Pittsburg School of law
The Center for International Legal Education (CILE) welcomes volunteers who can provide pro bono legal work on legal claims that Ukrainian individuals and entities may have in connection with the Russian invasion. CILE will coordinate this work and act as the initial client entity for law firms. Over time and subject to conflicts checks and client agreements, volunteer lawyers will work with Pitt Law students, other prominent law firms, and NGOs representing plaintiffs in actual cases as they develop. For more information, please contact Professor Charles T. Kotuby Jr. atcharles.kotuby@pitt.edu.
- Canada
Canadian Bar Association: the CBA has set up a list of pro bono lawyers who are able to provide services to individuals affected by the Ukrainian crisis at no charge. The initiative is in response to two newly established programs by the Immigration, Refugee and Citizenship Canada: 1) Canada-Ukraine Authorisation for Emergency Travel and 2) Special Family Reunification Sponsorship Pathway.
- Portugal
Portuguese Bar Association: a list of lawyers, broken down by region, that are offering their support pro bono.
- Switzerland
AsyLex: chatbot that provides answers to some of the most pressing questions about where to find protection and how reception works in Switzerland.
Boundless Consultancy: Geneva-based legal consultancy providing free legal support to Ukrainians on residence permits and how to apply for family reunification.
- UK
Ukraine Advice Project UK: Volunteer to give legal advice in the UK. A group of volunteer qualified UK immigration lawyers providing a free service to connect Ukrainian citizens (and others fleeing Ukraine) with free legal advice on UK immigration, visas and asylum from qualified and regulated lawyers. To volunteer to give pro bono legal advice, please contact ukrainevolunteers@freemovement.org.uk. You must be qualified to provide immigration advice in the UK.
- US
Lawyers for Good Government Ukraine TPS Bono Project: L4GG’s Remote Pro Se Clinic will provide pro bono legal assistance for Ukrainian nationals to file their I-821s and apply for TPS. The clinic will (1) mobilise their community of lawyers, law firms, and in-house legal teams across the country; (2) train thousands of pro bono attorneys nationwide; and (3) use their technology platform to run the program 100% remotely. Emailsupport@l4gg.org for more information.
- International Organisations
UNICEF Guidance for protecting displaced and refugee children in and outside of Ukraine
- Canada
Canada-Ukraine authorization for emergency travel (CUAET). See also
Canada launches new temporary residence pathway to welcome those fleeing the war in Ukraine (17 March 2022); Canadian Bar Association - pro bono assistance for Ukrainians
- European Union (EU)
EU Information for people fleeing the war in Ukraine and in need of temporary protection. See also Fragomen Immigration Update: Ukraine Crisis (includes practical steps and considerations).
Belgium: information for Ukrainians seeking protection and short and long stays
Bulgaria Information for citizens of Ukraine
France: Asylum Procedures for Ukrainians Planning to Remain in France
Germany: UNHCR information on Germany for Ukrainians. See also Refugee Law Clinics in Germany.
Greece: Information for Displaced Persons From Ukraine
Hungary: Information and legal assistance for refugees from Ukraine
Ireland: Temporary Protection for Ukrainians
- United Kingdom
Immigration information for Ukrainians in the UK
Homes for Ukraine (UK Government scheme for private hosting of Ukrainian refugees). See also: BBC article, How can I offer a UK home to Ukrainian refugees?
Ukraine Advice Project UK: with free legal advice on UK immigration, visas and asylum from qualified and regulated lawyers
- United States
United States Temporary Protected Status (TPS) for Ukrainians.
See also:
Secretary Mayorkas Designates Ukraine for Temporary Protected Status for 18 Months (3 March 2022);
FACT SHEET: Ukrainians in the United States Who May Qualify for Temporary Protected Status: An Overview (3 March 2022).
IBA Global Insight: WCC Contributions
Publications
Yemen, Syria & Afghanistan: Case Studies in International Law, Peace, Justice, and Sanctions in Armed Conflict
A report on the War Crime Committee’s ‘Yemen, Syria & Afghanistan: Case Studies in International Law, Peace, Justice, and Sanctions in Armed Conflict’ conference, which took place on 27 Jun 2023 in London.
Released on Aug 03, 2023
Guantánamo Bay: an International Humanitarian and Criminal Law Perspective
Over 120 participants attended a panel hosted by the War Crimes Committee of the International Bar Association (IBA) on Thurs, 8 December 2022 to discuss Guantánamo Bay from an international humanitarian and criminal law perspective.
Released on Dec 21, 2022
Arbitrary detention in Yemen during the Covid-19 pandemic
Many persons, whether civilian or otherwise hors de combat, remain detained by all sides to the conflict in Yemen. Their detention potentially violates several established provisions of international humanitarian law, international human rights law and may violate international criminal law. These detainees are reportedly kept in crowded and unsanitary conditions, thereby heightening the risks they face in light of the Covid-19 pandemic.
Released on Dec 01, 2021
Subcommittees and other groups
The War Crimes Committee also coordinates the activities of the following subcommittees/working groups.
- War Crimes Committee Advisory Board
Join us on LinkedIn
If you are a member of the War Crimes Committee, for additional networking opportunities, programs, interviews with fellow members and tips all exclusive to members, join our LinkedIn page at: https://www.linkedin.com/groups/9506101/.