THOMAS OBEL HANSEN PUBLICATIONS
Thomas Obel Hansen – List of Publications
On this section you may consult the full list of publications, articles, books and reports published by the ICEL senior Research Fellow on Transitional Justice and Environmental Crimes, Thomas Obel Hansen.
Moreover, all his different publications he is also currently involved on the Research Project “The Standardization of Transitional Justice: Consolidation, Innovation and Politics” under the Rosklide University
“Could the Nova Kakhovka Dam Destruction Become the ICC´s First Enviromental Crimes Case?“, Just Security, 2023.
“The multiple aspects of ‘time’ rendering justice for war crimes in Iraq”, International Criminal Law Review, vol. 21, 2021 (Special Issue: “Time, Transition, and Justice”), draft version.
“Opportunities and Challenges seeking Accountability for War Crimes in Palestine”, Notre Dame Journal of International and Comparative Law, vol. 9, no. 2, 2019,
“In Pursuit of Accountability during and after War”, Journal of Strategic Studies, vol. 42, 2019.
“The Nairobi Principles on Accountability as a means of Monitoring and Enforcing the Rule of Law and Accountability for International Crimes in Africa”, African Human Rights Law Journal, vol. 18, 2018, pp 413-33.
“Fighting for Justice (and Survival): Kenyan Civil Society Accountability Strategies and Their Enemies” (with Chandra Sriram), International Journal of Transitional Justice, vol. 9, no. 3, 2015, pp. 407-427.
“Caressing the Big Fish? A Critique of ICC Trial Chamber V(A)’s Decision to Grant Ruto’s Request for Excusal from Continuous Presence at Trial”, Cardozo Journal of International and Comparative Law, vol. 22, no. 1, 2013, pp. 101-119,
“Kenya’s Power-Sharing Arrangement and Its Implications for Transitional Justice”, International Journal of Human Rights, vol. 17, no. 2, 2013, pp. 307-327.
“Reflections on the ICC Prosecutor’s Recent ‘Selection Decisions’”, in Max Planck Yearbook of United Nations Law, vol. 17, 2013, pp. 125-158.
“The International Criminal Court in Kenya: Three Defining Features of a Contested Accountability Process and Their Implications for the Future of International Justice”, Australian Journal of Human Rights, vol. 18, no. 2, 2012, pp. 187-217.
“A Critical Review of the ICC’s Recent Practice Concerning Admissibility Challenges and Complementarity”, Melbourne Journal of International Law, vol. 13, no. 1, 2012, pp. 217-234.
“Transitional Justice in Kenya? An Assessment of the Accountability Process in Light of Domestic Politics and Security Concerns”, California Western International Law Journal, vol. 42, no. 1, 2011, pp. 1-35.
“Refleksioner over den Internationale Straffedomstols seneste Praksis vedrørende Komplementaritetsprincippet” (“Reflections on the ICC’s Recent Jurisprudence in the Area of Complementarity”), EU-ret & Menneskeret, vol. 18, no. 6, 2011, pp. 367-378.
“The Policy Requirement in Crimes against Humanity: Lessons from and for the Case of Kenya”, George Washington International Law Review, vol. 43, no.1, 2011, pp. 1-42.
“Forbrydelser mod Menneskeheden: Hvilke Aktører kan Retsforfølges ved den Internationale Straffedomstol?” (“Crimes against Humanity: What Actors can be Prosecuted by the International Criminal Court?”), EU-ret & Menneskeret, vol. 18, no. 4, 2011.
“Transitional Justice: Toward a Differentiated Theory”, Oregon Review of International Law, vol. 13, no. 1, 2011, pp. 1-46.
“Amnesti og internationale forbrydelser: Dansk Ret i Lyset af Internationale Forpligtelser” (“Amnesty and International Crimes: Danish Law in Light of International Obligations”), EU-ret & Menneskeret, vol. 15, no. 2, 2008, pp. 73-84.
“FNs Menneskerettighedsråd – En Kritisk Analyse af Rådets Hidtige Formåen” (“The UN Human Rights Council – A Critical Assessment of the Council’s Work”), Nordic Journal of Human Rights, vol. 25, no. 2, 2007, pp. 193-201.
“Accountability for British War Crimes in Iraq? Examining the Nexus between International and National Justice Responses”, in Morten Bergsmo and Carsten Stahn, Quality Control in Preliminary Examination: Reviewing Impact, Policies and Practices, TOAEP, 2018, pp. 399-450.
“The Time and Space of Transitional Justice”, in Cheryl Lawther, Luke Moffett, and Dov Jacobs (eds.), Research Handbook on Transitional Justice, Edward Elgar Publishing, 2017.
“Complementarity in Kenya? An Analysis of the Domestic Framework for International Crimes Prosecution”, in Ron Slye (ed.), The Nuremberg Principles in Non-western Societies: A Reflection on their Universality, Legitimacy and Application, The International Nuremberg Principles Academy, 2016, pp. 143-165.
“The International Criminal Court and the Legitimacy of Exercise”, in Per Andersen et al. (eds), Law and Legitimacy, DJOEF Publishers (Denmark), DJOEF Publishers, 2015.
“The Vertical and Horizontal Expansion of Transitional Justice: Explanations and Implications for a Contested Field”, in Susanne Buckley-Zistel et al. (eds.), Transitional Justice Theories, Routledge, 2013, pp. 105-124.
“Africa and the International Criminal Court”, in Tim Murithi (ed.), Handbook of Africa’s International Relations, Routledge, 2013, pp. 165-179.
“Individ, kollektiv og Internationale Forbrydelser” (“Individual, Collective and International Crimes”), in Sten Schaumburg-Müller (ed.), Ret, Individ og Kollektiv, DJOEF Publishers (Denmark), 2011, pp. 131-60.
“Komite y’Abunzi: Mediation og Rettens Tilgængelighed i Post-Konflikt Rwanda” (“Komite y’Abunzi: Mediation and Access to Justice in Post-Conflict Rwanda”), in Per Andersen (ed.), Om Rettens Tilgængelighed, DJOEF Publishers (Denmark), 2009, pp. 183-202.
Victims and Post-Conflict Justice Mechanisms in Africa, Law Africa, 2017
OTHER PEER-REVIEWED PUBLICATIONS
“Book Review of Senera Sharma, “The Responsibility to Protect and the International Criminal Court”, Journal of Modern African Studies, vol. 55, no. 1, 2017.
“Political Violence in Kenya: A Study of Causes, Responses, and a Framework for Discussing Preventive Action”, ISS Paper no. 205, November 2009.
“Human Rights and Transitional Societies: Contemporary Challenges”, in Rob Garbutt (ed.), Activating Human Rights and Peace: Universal Responsibility Conference 2008 (Conference Proceedings), 2008, pp. 131-139.
PRINCIPLES AND GUIDELINES
“The Nairobi Principles on Accountability”, Principal investigator and coordinator of Guiding principles for ICL practitioners and academics, drafted together with Kenyan civil society experts, January 2019
REPORTS, BRIEFS AND LEGAL SUBMISSIONS
Submission of legal memo to Colombia’s Special Jurisdiction for Peace on ‘enslavement as a crime against humanity, authored on behalf of Institute for Integrated Transitions, November 2021
Submission of observations to the UK Ministry of Defence’s open consultation concerning ‘Legal protections for armed forces personnel and Veterans serving in operations outside the United Kingdom’, jointly with Carla Ferstman, October 2019.
Submission by the International Law Association, American Branch (ABILA) Subcommittee on U.S. Compliance with International Human Rights Law for the upcoming review of the U.S. before the UN Human Rights Council’s Universal Periodic Review mechanism (author of section on the ICC), September 2019.
“The UK Military in Iraq: Efforts and Prospects for Accountability International Crimes Allegations”, co-author of discussion paper with Carla Ferstman, October 2018.
“Brief on Danish High Court Judgment in Iraq Case”, author of legal brief commissioned by European Center for Constitutional and Human Rights, August 2018.
Submission of evidence to United Kingdom Parliament (Commons Defence Committee) on the topic “Protecting veterans from the spectre of investigation and re-investigation”, evidence submitted jointly with Carla Ferstman, July 2018.
“Research report: post-strike reporting and investigations”, author of report commissioned Rights Watch UK, April 2018
“Economic Liberalism, Democracy and Transitional Justice”, contributor to workshop report with Louise Mallinder and Siobhan Wills, April 2018.
“Policy Choices, Dilemmas and Risks in the ICC’s Iraq-UK Preliminary Examination”, author of FICHL Policy Brief Series, No. 83, November 2017.
“In the Shadow of Politics: Victim Participation in the Kenyan ICC cases”, primary researcher on report published by Impunity Watch, June 2016.
“Modes of Liability: A review of the International Criminal Court’s current jurisprudence and practice”, primary researcher on report published by Women’s Initiatives for Gender Justice, December 2013.
“Legal Eye on the ICC Newsletter: Trial Chamber V denies Kenyatta’s application to send case back to Pre-Trial Chamber”, primary researcher on brief published by Women’s Initiatives for Gender Justice, August 2013.
“Legal Eye on the ICC Newsletter: Prosecution withdraws all charges against Francis Kirimi Muthaura & Presidency dissolves and reconstitutes Trial Chamber V”, primary researcher on brief published by Women’s Initiatives for Gender Justice, June 2013.
“The Rule of Law in Kenya: Opportunities and Challenges for Advancing the Rule of Law through Legal Sector Reforms”, primary researcher on report published by International Center for Policy and Conflict, April 2013
“Kenya’s Unfinished Journey to Accountability”, primary researcher on report published by International Center for Policy and Conflict, December 2012
“Securing Justice: Establishing a Domestic Mechanism for the 2007/8 Post-Election Violence in Kenya”, primary researcher on report published by Africog/ Kenyans for Peace with Truth and Justice, June 2013.
“Concealing the Truth to Reward Impunity: A Critical Analysis of Truth-Seeking in the Absence of Political Will in Kenya”, primary researcher on report published by the International Center for Policy and Conflict, June 2013,
“Access to Justice and Legal Aid in East Africa: A Comparison of the Legal Aid Schemes used in the Region and the Level of Cooperation and Coordination between the Different Actors”, primary researcher on report published by the Danish Institute for Human Rights/ East Africa Law Society, February 2012.
“The Kenya Transitional Justice Brief: One Year Since Promulgation: Assessing the Reform Process in the new Constitutional Dispensation”, vol. 1, no. 2, August 2011, primary researcher on brief published by the International Center for Transitional Justice.
“The Kenya Transitional Justice Brief: Criminal Accountability, the ICC and the Politics of Succession”, vol. 1, no. 1, May 2011, primary researcher on brief published by the International Center for Transitional Justice,.
OP-EDS AND OTHER SHORT ARTICLES
“The Overseas Operations (Service Personnel and Veterans) Bill 2019-2021: A Pragmatic Response to Over-Zealous Claims Against the Military or a Vehicle for Impunity? Introduction to the Symposium on the Overseas Operations (Service Personnel and Veterans)” (co-authored with Carla Ferstman), EJIL:TALK, September 2020.
“Liability of an Assisting Army for Detainee Abuse by Local Forces: The Danish High Court Judgment in Green Desert” (co-authored with Fiona Nelson), EJIL:TALK, January 2019.
“Complementarity in(action) in the UK?”, EJIL:TALK, December 2018.
“International Criminal Court indictments of U.S. Officials are not Impossible”, Just Security, January 2018.
“Will there ever be accountability for war crimes in Iraq?”, Just News, September 2017.
“In Pursuit of Accountability for War Crimes in Iraq”, Global Politics, September 2017.
“Will Kenya withdraw from the ICC?”, Oxford Transitional Justice Network/ JusticeInfoNet, December 2016.
“What’s at stake as Kenya weighs withdrawal from the ICC”, The Conversation, November 2016.
“Referring Kenya to the ICC Assembly of States Parties”, Justice in Conflict, October 2016 (Part 1: “A Battle for the Narrative”; Part 2: “Implications for Cooperation and Enforcement”; Part 3: “Implications for the Ongoing Kenya Cases at the ICC”)
“Are Western democracies’ airstrikes against ISIL lawful?”, Democracy Renewal (Melbourne School of Government), December 2015.
“What Are the Consequences of Palestine Joining the International Criminal Court?”, E-International Relations, April 2015.
“The Price of Deference: Is the ICC Bowing to Pressure in the Kenya Cases?”, Justice in Conflict, September 2013.
“Kenya’s Withdrawal from the ICC – An Act in Vain?” [contribution in form of comment in article], Justice in Conflict, September 2013.
“Kenyatta in State House: What’s next for Kenya and the ICC?”, Open Democracy, April 2013.
“For the Sake of Justice, the ICC must reject Libya’s Admissibility Challenge”, Open Democracy, November 2012.
“Masters of Manipulation: How the Kenyan Government is paving the Way for Non-Cooperation with the ICC”, OpenDemocracy, May 2012.
”Jurisdiction, Admissibility and Impartiality – A Response to Mr. Mungai’s Article Concerning the ICC Cases”, Nairobi Law Monthly, March 2012.
“Iran i verden: Kan vi lære noget af den almindelige iraner på gaden?” (Iran in the world: What can We Learn from the Iranians?”), Politiken, December 2011 (only available in printed newspaper – Sunday December 4th, 2011).
“Voksende Afrikansk Modstand Mod Den Internationale Straffedomstol” (“Growing African Discontent with the International Criminal Court”), Information, September 2011.
“A Holistic Look: How the ICC Process shapes Transitional Justice in Kenya”, Open Society Justice Initiative, ICC Kenya Trial Monitor, September 2011.
“If not a ‘Mini-Trial’, What then? Some Reflections on the Nature and Impact of the Confirmation of Charges Hearings”, Open Society Justice Initiative, ICC Kenya Trial Monitor, September 2011.
“What can the ICC do for the Victims of Kenya’s Post-Election Violence?”, Open Society Justice Initiative, ICC Kenya Trial Monitor, September 2011.
“The Policy Requirement in Crimes against Humanity: What is it about and why is it important for the ODM Case”, Open Society Justice Initiative, ICC Kenya Trial Monitor, August 2011.
“What about the Others: What to Think when ICC Hearings Implicate “Non-Suspects?”, Open Society Justice Initiative, ICC Kenya Trial Monitor, August 2011.
“Er Retsforfølgelse I Haag vejen til Fred og Demokrati i den Arabiske Verden?” (”Will Hague Court promote Peace, Democracy in the Arab World?”), Information, June 2011.
“Kenya: ICC Ruling hard blow to Presidential Candidates”, Toward Freedom, June 2011.
“En ny Epoke for Retsopgør” (”A New Era for Transitional Justice”), Jyllands-Posten, May 2011.
“How Will International Criminal Court Prosecutions Impact Kenya’s Legacy of Political Violence?”, Toward Freedom, April 2011.
“Why the Ocampo Six should not become Kenya’s Six”, Open Democracy, February 2011.
“Kenya Leaders Continue to Support Impunity”, New Africa Analysis, February 2011.
“Kenya: Politisk vold har ledt til forfatningsændring som kan forebygge ny vold” (“Kenya: New Constitution Brought About by Political Violence but May Prevent Its Recurrence”), Information, August 2010.
“Rwanda’s Sham Elections Spell Doom for Peace, Democracy”, Investigative Africa, August 2010.
“Will New Constitution Lead to a More Peaceful Kenya?”, African Arguments (Royal African Society & Social Science Research Council), August 2010.