War Crimes

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Would Arming Anti-Assad Rebels Trigger an “International Armed Conflict”—and War Crimes Prosecutions?

Earlier this week, Reuters reported that Gulf Arab States are considering arming militant groups in Syria to fend off Assad’s onslaught in Aleppo and elsewhere. There may be…
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Does the Int’l Criminal Court Have Jurisdiction over Alleged War Crimes by Saudi-Led Coalition in Yemen?

Does the International Criminal Court have jurisdiction over potential war crimes allegedly committed by the Saudi-led coalition in its battle against the Houthi rebels in Yemen?…

The Law of Aiding and Abetting (Alleged) War Crimes: How to Assess US and UK Support for Saudi Strikes in Yemen

US and UK support for Saudi-led military operations in Yemen have received significant attention recently due to reports of strikes that damaged or destroyed hospitals, schools,…

Explainer: What Mental State is Required to Commit a War Crime?

What exactly is the definition of war crimes under international law or, more precisely, what mental state is required to commit such an offence? The synopsis below provides an…
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Evaluating Proportionality and Long-Term Civilian Harm under the Laws of War

As noted by Alex Whiting in his piece last week, the law of armed conflict, or international humanitarian law (IHL), contains broad principles and prohibitions that are applied…
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The Islamic State, Genocide, and Gender Discrimination

Slowly but surely, over the past two years, the UN and national governments have acknowledged that what the Islamic State is doing to the Yazidi religious minority in Northern…
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International Justice Day Round-Up III: Salvadoran Amnesty Law, Germany Apologizes to Namibia over Genocide, Corporate Criminality, and Colombia Ceasefire

This is Part III of an international criminal justice round-up covering ten of the top developments in the field this spring and summer. Part I is here and covers the Habré case,…
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International Justice Day Round-Up II: Bemba, the Crime of Aggression, and More Justice for Chile

This is Part II of an International Justice Day Top-10 Round Up.  Part I—which discussed the recent judgment against Hissène Habré in the Extraordinary African Chambers, the…
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International Justice Day Round-Up I: Habre, Bashir Travel, Crimes Against Humanity in Mexico

The field of international criminal justice has witnessed a number of important developments this spring and summer—enough to merit a proverbial top-ten list. In honor of International…
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Syria, J’Accuse! Syrian State Responsibility for War Crimes

So far, achieving any measure of accountability for the grave international crimes being committed in Syria has been elusive, as I’ve outlined before. A draft Security Council…
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The MSF Airstrike Report: Better on the Facts Than on the Law

The military’s investigation of the October 2015 airstrike on the Médicins Sans Frontières (MSF) hospital in Kunduz, Afghanistan was back in the news last week thanks to highly…
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Recklessness, War Crimes, and the Kunduz Hospital Bombing

Last Friday, the US military announced that it was disciplining 16 service members involved in the bombing of the Médicins Sans Frontières hospital in Kunduz, Afghanistan that…
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