Humoud Alfadhli

Institution: Kuwait University

Period of stay: 23 September 2024 - 22 August 2025

Contact: humoud.alfadhli@ku.edu.kw

Profile: 

Assistant Professor of International (Criminal) Law, Kuwait University College of Law

SJD, Doctorate in International Criminal Law, Emory University, School of Law, Atlanta, GA, USA.

LLM in International Criminal Law, Case Western Reserve University, School of Law, Cleveland, OH, USA.

LLB, Kuwait University, College of Law, Kuwait.

Teaching Courses including, but not limited to: International Criminal Law, International Human Rights Law, International Law of Armed Conflict, Public International Law, and International Environmental Law.

Research Area:

International Criminal Law

Research Title:

From Nuremberg to the Hague: Rediscovering “Taking a Consent Part" Criminal Mode of Liability to fit best in the Rome Statute.

Research Outline:

Taking a consent part by an international perpetrator means that such perpetrator connives with other in committing a criminal activity through silence, lacing such silence with an approving manner. My research will tackle issues with gaps in the Rome Statute, specifically, where modes of liability (Article 25) could be reinforced through adopting "Taking a Consent Part" (TCP) International Criminal Mode of Liability.

Douglas Guilfoyle once wrote that “[I]t is best if we reuse existing principles than creating new ones to deal with emerging issues.” Perhaps what prompted me to work on this principle is that there is almost no scholarly work on this principle except one that was wrote by Kevin Jon Keller. My work will critically analyse the following: By adding this principle, how will the International Criminal Court perform justice to victims but for TCP. Furthermore, giving that the Rome Statute will be considered a national law in the States Parties’ legal system, will TCP enhance the judicial systems of such states? Giving that such a crime requires a state leader, can we use TCP in the crime of aggression? Additionally, can states use TCP to prosecute individuals under Universal Jurisdiction? All of these questions will be answered in my paper, where the scarcity of TCP scholarly work will be compensated.

Publications:

• Police Force Organ to Support the ICCʼs Judgments and Arrest Warrants: A Proposition to Amend Article 86 of the Rome Statute, the Courts and Justice Law Journal. Available online at:
• Gulf War I: The Legality of Prosecuting Existing Iraqi Baʼath Party in Response to Kuwaitʼs Deceased Captives, Kuwait University Law Journal (Peer‑Reviewed).
• Russian Invasion of Ukraine (2020): Arab's Legal Perspective on the Crime of Aggression (forthcoming, Kuwait University Law Journal).
• The Right to Peaceful Assembly in Kuwait: Digging into the Bottomless Void (forthcoming, Kuwait University Law Journal).
• Book: Prosecuting Superiors in International Law (Work in Progress).

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