Accountability

Lessons for Legal Advisors from the Brereton Report

Lessons for Legal Advisors from the Brereton Report

International humanitarian law practitioners and scholars have justifiably dedicated attention to the recent report of the Australian Defence Force (ADF) Inspector General into allegations of violations of the law of armed conflict (LOAC) in Afghanistan, known as the...

The Duty to Investigate War Crimes

The Duty to Investigate War Crimes

  On November 19, 2020, a report of the Australian Defence Force’s Inspector-General was released following a four-year investigation into allegations of unlawful killings and mistreatment of non-combatants and persons hors-de-combat in Afghanistan (also known as...

Motive and Control in Defining Attacks

Motive and Control in Defining Attacks

In the appellate case of The Prosecutor v. Bosco Ntaganda, the Appeals Chamber of the International Criminal Court asked for briefs from “qualified publicists with the requisite expertise, who are interested in submitting observations on” the definition of “attack” as...

A Radical Reimagining of the Concept of “Attack”

A Radical Reimagining of the Concept of “Attack”

  The Office of the Prosecutor (OTP) filed its Appeals Brief In the Case of the Prosecutor v. Bosco Ntaganda on 7 October 2019, almost precisely a year prior to the time of this writing. The Prosecution argument attempts to expand the war crime found in the Rome...

Imagining Justice for Syria

Imagining Justice for Syria

  The situation in Syria poses an acute—some might say existential—challenge to the international community’s commitment to justice and accountability. The conflict has been so destructive, the crime base so massive, the pool of potential defendants so...