Suchergebnisse

Focused on the international community's response to the conflict in Syria, this is a book about the inexorable quest for justice, even in the face of seemingly impenetrable obstacles erected by actors intent on ensuring impunity. It features a number of creative ideas emerging from states and civil society actors intent on pursuing justice for atrocities in Syria.

All war crimes are challenging to prosecute. Typical reasons include the technicality of some constitutive elements, the difficulties of amassing sufficient evidence, the vagaries of unreliable or unavailable witnesses, and the often-impenetrable khaki wall of silence. Adding to these challenges, the United States has erected a number of idiosyncratic structural barriers in the way in which it has incorporated the prohibitions against war crimes into its domestic legal frameworks, both military and civilian. This article addresses problems with the U.S. federal war crimes statute and proposes reforms that would (1) better conform to U.S. obligations under the Geneva Conventions and enable the United States to prosecute war crimes committed anywhere in the world regardless of the nationality of the victim or perpetrator, (2) withdraw and repudiate controversial Office of Legal Counsel memoranda advancing a crabbed interpretation of the concept of "protected persons" when it comes to individuals in the custody of a High Contracting Party to the Conventions, (3) restructure the statute to obviate the need to undertake a complicated conflict classification exercise, (4) enact a superior responsibility statute that would apply to war crimes and other international crimes within U.S. jurisdiction, and (5) re-penalize the war crime of "outrages upon personal dignity, in particular humiliating and degrading treatment," which is prohibited by Common Article 3 but was decriminalized upon the passage of the Military Commissions Act of 2006.

On June 11, 2020, President Donald J. Trump issued Executive Order 13928 Blocking Property of Certain Persons Associated with the International Criminal Court under the authority vested in him by the International Emergency Economic Powers Act (IEEPA) and other federal statutes. Although the Trump Administration had earlier threatened aggressive action against the International Criminal Court (ICC), the issuance of the E.O. followed a ruling by the ICC Appeals Chamber authorizing the Prosecutor to commence an investigation into the situation in Afghanistan, which might implicate U.S. persons. The E.O. declared the ICC's "illegitimate assertion of jurisdiction" over U.S. personnel and the personnel of "certain of its allies" to be "an unusual and extraordinary threat to the national security and foreign policy of the United States" within the meaning of IEEPA. It is a sweeping measure, blocking all property within the United States owned by designated natural or legal person (section 1); barring any contribution or provision of funds, goods, or services to, or for the benefit of, designated persons (section 3), including even the donation of food, clothing, or medicine (section 2). The E.O. also authorized the imposition of certain immigration restrictions, including suspension of entry into the United States of ICC officials and their immediate family members (Section 4).