War Crimes

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A Critique of Defense Dept General Counsel Ney’s Remarks on the Law of War

"The law of war applies equally to U.S. forces and to ISIS, to Syria and to Russia. We should keep that in mind when we hear Ney recite Lieber’s dictum, 'The more vigorously…
US Marines salute during a handover ceremony at Leatherneck Camp in Lashkar Gah in the Afghan province of Helmand on April 29, 2017.

Post-9/11 Veterans Have Mixed Feelings About Trump’s War Crimes Pardons

In order to better understand how to think about this controversial decision, Iraq and Afghanistan Veterans of America (IAVA) conducted a flash poll this week, with over 1,600…
An empty courtroom

The American Way of War Includes Fidelity to Law: Preemptive Pardons Break that Code

"The news that President Trump is even considering such action is unlike conduct by any President in modern history, and the danger it poses to the rule of law is staggering. Such…
Military justice image

Sticking It To Yourself: Preemptive Pardons for Battlefield Crimes Undercut Military Justice and Military Effectiveness

Chris Jenks served as Special Counsel to the General Counsel of the Department of Defense (2017-2018) where he was awarded the Office of the Secretary of Defense Medal for Exceptional…
International Criminal Court (ICC) chief prosecutor Fatou Bensouda and deputy prosecutor James Stewart speak with another prosecutor during the initial appearance of Patrice-Edouard Ngaissona of the Central African Republic, at the ICC in The Hague on January 25, 2019, following his extradition from France on charges of war crimes and crimes against humanity.

ICC Prosecutor Signals Important Strategy Shift in New Policy Document

"The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, has released for comment a draft of her Strategic Plan for the final years of her mandate, 2019-2021.…
A Somali woman and child walk past the destruction caused by a car bombing attack in Mogadishu, Somalia, on December 22,2018.

Somalia War Crimes Trial Starts Monday, as Another Survivor Seeks Justice

The third in a trio of federal cases brought by the San Francisco-based Center for Justice and Accountability (CJA) on behalf of victims and survivors of Siad Barre’s rule in…
Human rights lawyer Amal Clooney and Iraqi human rights activist Nadia Murad Basee Taha attend a United Nations Security Council meeting at U.N. headquarters, April 23, 2019 in New York City.

Gutting the Substance of a Security Council Resolution on Sexual Violence

The United States has abandoned any meaningful commitment to victims and survivors of conflict-related sexual violence, in the interest of appeasing domestic anti-abortion constituencies.…
International Criminal Court (ICC) chief prosecutor Fatou Bensouda (C) sits at the courtroom of the International Criminal Court (ICC) during the closing statements of the trial of former Congolese warlord Bosco Ntaganda in the Hague, the Netherlands, on August 28, 2018.

Deconstructing the Int’l Criminal Court’s Decision on Afghanistan

The decision of the International Criminal Court’s Pre-Trial Chamber II refusing to open an investigation into crimes committed in Afghanistan establishes a new Rome Statute…
Sudanese protesters waving national flags during a protest outside the army headquarters in the capital Khartoum on April 21, 2019.

Smart Justice in Sudan: For Bashir’s Crimes, Is the ICC Still the Best Route?

A remarkable transition is underway in Sudan. After months of protests, Omar Al Bashir’s autocratic regime finally collapsed this month. It is, of course, quite ironic that Bashir,…
A woman wears a mask and holds a banner reading "Chemical massacre in Syria" on August 28, 2013 outside the Swedish Parliament in Stockholm, during a demonstration against the mass killings in Syria. The poster also shows photos of children that died.

What is a War Crime?

A substantive approach to defining "war crimes" as serious violations of international humanitarian law could help bring a measure of justice in Syria and beyond.
Assyrian Christians, who had fled the unrest in Syria and Iraq, attend a prayer for the 220 Assyrian Christians abducted by Islamic State group jihadists from villages in northeastern Syria in recent days, at the Saint Georges Assyrian Church in Jdeideh, northeast of the Lebanese capital Beirut on February 26, 2015. One person holds a sign reading, “Assyrian Genocide 1915 Never Again!”

Accountability for War Crimes in Syria: The “Criminalization” Confusion

A new approach to defining what constitutes a "war crime" is needed to ensure domestic courts can provide accountability for war crimes committed in Syria.
Sri Lankan Defence Ministry Secretary Gotabaya Rajapaksa rides in a jeep with military officers during a Victory Day parade rehearsal in Colombo on May 17, 2013.

BREAKING: Sri Lankan Presidential Hopeful Sued in Federal Court for Human Rights Violations

Gotabaya Rajapaksa was sued in federal court in the Central District of California by a Canadian citizen who alleges he was detained and tortured from 2007-2010 by the Terrorism…
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