Afghanistan

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The ICC seal on a window at the International Criminal Court Building in The Hague. The windows act as mirrors, reflecting more of the ICC complex across from it.

Can the International Criminal Court Hold the Trump Administration in Contempt?

On June 11, President Donald Trump issued an executive order authorizing the imposition of sanctions targeting International Criminal Court officials. This article assesses the…
Fighters with Afghanistan's Taliban militia stand on a hillside at Maydan Shahr in Wardak province, west of Kabul on September 26, 2008.

Legally Available Options: A Case for Indicting Russian Officers for Providing Material Support to the Taliban

Missing from analyses of potential responses to Russian operations in Afghanistan is the possibility of an indictment against the G.R.U. officers involved.
US Defense Secretary Mark Esper (L) and Chairman of the Joint Chiefs of Staff General Mark A. Milley, testify about the Defense department budget during a Senate Armed Services Committee hearing on Capitol Hill in Washington, DC, March 4, 2020.

DOD’s New Ex Gratia Policy: What’s Right, What’s Wrong, and What’s Next

On June 22, the Department of Defense (DOD) issued an interim policy regulation for providing ex gratia payments to civilians harmed as a result of U.S. military operations. It…
Smoke billowing out of buidlings following a coalition air strike in the western al-Daraiya neighbourhood of the embattled northern Syrian city of Raqa on September 5, 2017.

Toward a Consistent and Coherent Ex Gratia Policy for Civilian Casualties

The summer of 2017 was an extended nightmare for the Badrans. Over the course of several weeks, 39 members of Rasha Badran’s family, most of them women and children, were killed…
Trump and Pompeo

Trump Pushed CIA to Give Intelligence to Kremlin, While Taking No Action Against Russia Arming Taliban

"Trump directed the CIA to share intelligence information on counterterrorism with the Kremlin despite no discernable reward," while at the same time not backing up the Pentagon…
Rep. John Ratcliffe, (R-TX), prepares to give an opening statement before a Senate Intelligence Committee nomination hearing on Capitol Hill in Washington, Tuesday, May. 5, 2020.

Unpacking the National Intelligence Council’s Memo on Russian Bounty Operation

President Trump's former Director of the National Counterterrorism Center and our editor-in-chief write about the apparent skewing of intelligence to suit the White House narrative.
Trump shares a Thanksgiving dinner with US troops at Bagram Air Field during a surprise visit on November 28, 2019 in Afghanistan.

Why is Trump Turning a Blind Eye to Russia’s Covert Warfare?

The Kremlin’s payment of bounties for the killing of American and British soldiers in Afghanistan is a dangerous step in the ladder of escalation. For years, the Kremlin has…
Trump, Pence, National Security Advisor Robert O’Brien, Secretary of Defense Mark Esper, Chairman of the Joint Chiefs of Staff U.S. Army General Mark A. Milley, and Brig. Gen. Marcus Evans, Deputy Director for Special Operations on the Joint Staff in the Situation Room of the White House October 26, 2019 in Washington, DC.

The Baseline: How a Functional Executive Would Have Handled the Russian Bounty Operation

We outline the acts of accommodation and appeasement President Trump exhibited toward Russia during this period. Then we walk through what an appropriate set of actions would have…
Left Photo: Syrian defendants Anwar Raslan (L), 57, and Eyad al-Gharib (R), 43, wait in the courtroom before the start of an unprecedented trial on state-sponsored torture in Syria, on April 23, 2020 at court in Koblenz, western Germany. Right Photo: German military in Afghanistan commander Colonel Georg Klein giving an interview to AFP on the September 4, 2009 airstrike carried out by NATO.

A Tale of German Global Criminal Justice: A TWAIL Perspective on the Syrian Torture Trial

A trial against Anwar Raslan and Eyad Al Gharib, two suspected (former) members of President Bashar al-Assad’s security services, began before the Higher Courts in Koblenz, Germany,…
Bush, Obama, Trump

Trump’s Rationale for Attacking the ICC—Continuity with Bush and Obama’s War on Terrorism

An article by the first Chief Prosecutor of the International Criminal Court.
US Secretary of State Mike Pompeo (R) holds a joint news conference on the International Criminal Court with US Attorney General William Barr, at the State Department in Washington, DC, on June 11, 2020.

Trump’s ICC EO Will Undercut All U.S. Sanctions Programs—Is That Why Treasury Isn’t Conspicuously on Board?

The risks posed by the new U.S. sanctions program aimed at the ICC extend beyond the Court, its employees, and its supporters.
a stack of coins

Dissecting the Executive Order on Int’l Criminal Court Sanctions: Scope, Effectiveness, and Tradeoffs

An expert breakdown of what's in President Trump's executive order, how it works exactly, and what comes next.
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