Accountability
Türkiye’s Threats against Greece: A Violation of Article 2(4) of the UN Charter?
On September 5-6, 2022, the Greek Foreign Minister Mr. Nikos Dendias sent letters to the EU, NATO, and the UN to bring to their attention public statements made by Türkiye’s President Recep Tayyip Erdogan whose “openly threatening nature and tone are more than...
Ukraine Symposium – Russian Crimes Against Children
Since the beginning of Russia’s full-scale invasion of Ukraine on 24 February 2022, there has been evidence that indicates Russian political and military leaders, as well as ordinary members of the military, have committed numerous international crimes, including...
Assuming Risk – Artificial Intelligence on the Battlefield
Artificial intelligence and machine learning (AI/ML) have promising potential to bring faster, more accurate analysis to enable holistic decision-making on the battlefield. With the exponential increase of data from numerous battlefield sensors, AI/ML are expected by...
“Reason to Know” in the Law of Command Responsibility
During the U.S.-led invasion and occupation of Afghanistan, the Australian Defence Force (ADF) collaborated with coalition forces to overcome the Taliban, secure peace in large portions of Afghanistan, train Afghan National Army soldiers and officers, complete...
Alleged UK War Crimes in Afghanistan
The Alleged Crimes and the Australian Parallels An investigation by the BBC television news program Panorama has reported that U.K. “SAS operatives in Afghanistan repeatedly killed detainees and unarmed men.” Intentionally killing detained persons or those hors de...
A New Political Declaration on Civilian Harm: Progress or Mythical Panacea?
On June 17, against a backdrop of the Russian invasion of Ukraine that has now killed or wounded over 11,000 civilians in a little more than four months, a group of States, the International Committee of the Red Cross (ICRC), and non-governmental organizations (NGOs)...
Ukraine Symposium – Rebel Prosecutions of Foreign Fighters in Ukraine
On 1 July 2022 Russian state media reported that two British nationals captured by the “Donetsk People’s Republic” in eastern Ukraine would be prosecuted for “mercenary activities,” in violation of the laws of Donetsk. This comes a few weeks after two British men and...
Ukraine Symposium – Documentation and Investigation Responses to Serious International Crimes
The armed conflict in Ukraine dates to 2014 when Russia invaded Crimea. Since that time, a number of important documentation and investigation efforts began, both nationally and internationally. These included efforts undertaken by civil society organizations like...
How Human Rights Law Bodies Handle Situations of Armed Conflict and Human Rights Law
This is the second of two posts dealing with aspects of the relationship between the law of armed conflict (LOAC) and Human Rights Law (HRsL). HRsL bodies have long dealt with cases arising out of situations of armed conflict, even though the applicability of LOAC was...
Ukraine Symposium – The Atrocity Crimes Advisory Group & Ukrainian Prosecutions of Russian POWs – Part 3
In two previous posts (here and here), I addressed guilty pleas by three Russian soldiers recently processed by two Ukrainian domestic, civilian courts. This post synthesizes the previous posts’ observations into considerations for the recently-formed Atrocity Crimes...
Ukraine Symposium – The Atrocity Crimes Advisory Group & Ukrainian Prosecutions of Russian POWs – Part 2
A prior post recounted the recent trial and guilty plea by Russian Army Sergeant Shishimarin in Ukraine. That post identified a number of important substantive and procedural legal considerations from those proceedings. This post provides similar attention to a...
Ukraine Symposium – The Atrocity Crimes Advisory Group & Ukrainian Prosecutions of Russian POWs – Part 1
On 25 May 2022, the European Union, the United States, and the United Kingdom announced the establishment of the Atrocity Crimes Advisory Group for Ukraine (ACA). According to the announcement, “[t]he overarching mission of the ACA is to support the War Crimes Units...