Whither War; Whither the Law of War - Professor Sir Geoffrey Nice KC

Nov 7, 2025

Professor Sir Geoffrey Nice KC, a seasoned barrister and former international prosecutor, discusses how legal frameworks can alter our approach to war. He explores the evolution of international humanitarian law and the significance of the Genocide Convention in preventing atrocities. Nice critiques the political reluctance to recognize genocide and emphasizes the value of people's tribunals in giving victims a voice. He questions whether the threat of accountability can deter future conflicts, urging the importance of perseverance in the pursuit of justice.

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ANECDOTE

Armenian Massacre Sparked Genocide Concept

Sir Geoffrey recounts the Armenian massacres and Talat Pasha's escape to Berlin followed by his assassination.
He links Raphael Lemkin's outrage at that trial outcome to the creation of the concept of genocide.

INSIGHT

Nuremberg's Legal Gap And Lemkin's Remedy

Nuremberg left gaps: Justice Jackson limited prosecutions to atrocities connected to aggressive war.
Lemkin pushed the Genocide Convention because domestic atrocities needed a separate legal remedy.

INSIGHT

ICC Exists Without Several Major Powers

The International Criminal Court began in 2002 but many major powers never joined.
Sir Geoffrey highlights that the ICC's membership map shows notable absences like the USA, Russia, China, India, and Pakistan.

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How might we change the way we – and all our leaders think – so that we never go to war?

The war between Russia and Ukraine, as well as the conflict in Gaza, have galvanised thinking about, and action by, the bodies administering, the laws of war.

National court processes - applying ‘universal jurisdiction’ for example – may bring international war criminals to justice. Informal processes can provide material capable of developing national laws and of providing evidence to assist the formal courts. But do these processes do anything to protect from future wars?

This lecture was recorded by Professor Geoffrey Nice on 21th October 2025 at Barnard’s Inn Hall, London.

Sir Geoffrey Nice KC has practised as a barrister since 1971. He worked at the International Criminal Tribunal for the Former Yugoslavia – the ICTY – between 1998 and 2006 and led the prosecution of Slobodan Milošević, former President of Serbia.

Much of his work since has been connected to cases before the permanent International Criminal Court – Sudan, Kenya, Libya – or pro bono for victims groups – Iran, Burma, North Korea – whose cases cannot get to any international court. He works for several related NGO’s and lectures and commentates in the media in various countries on international war crimes issues. He has been a part-time judge since 1984 sitting at the Old Bailey and has sat as judge in other jurisdictions, tribunals and inquiries. Between 2009 and 2012 he was Vice-Chair of the Bar Standards Board, the body that regulates barristers.

The transcript and downloadable versions of the lecture are available from the Gresham College website: https://www.gresham.ac.uk/watch-now/whither-war

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