Use of "foreseeable" was also smart, shifts the inquiry from subjective to objective. As a result, the relevant question is not whether Trump foresaw the lawless consequences of speech but whether a reasonable person in that situation would have. 4/4

Will Senators, victims of 6 JAN capitol storming, participate in a mass false swearing exercise & pledge to be impartial? Impeachment trial oath language is customary. My proposed changes TheHillOpinion rb.gy/2qbog7 #Trump #Impeachment #insurrection #SenateTrial

We have some great work being done by our students & professors in the Criminal Clinic! Invaluable experience helping real clients @SMULawClinic & such a benefit to the community. Read more: bit.ly/3saGeDT

Congratulations to Professors Sean Watts and James Kraska for their recent appointment as visiting professors at Reading Law School! They join a formidable team of international legal experts, including @Schmitt_ILaw. Stockton Center U.S. Naval War College reading.ac.uk/news-and-event…

Join us online next Wednesday for our #MilitaryBriefing with chris jenks on #autonomousweapons and their impact on international #governance. Learn more and register: geneva-academy.ch/event/military…

While scholars debate the optimal combination between a regional criminal tribunal & the #ICC, chris jenks argues that accountability and justice are better found elsewhere. Read more in the #UkraineSymposium. #IHL #LOAC lieber.westpoint.edu/comprehensive-…

US continues to not fulfill its #GenevaConvention obligations regarding accountability for serious law of war violations. This failure allows safe haven for foreign war criminals on U.S. soil bit.ly/3Kq2zFJ #RussianWarCrimes #Ukraine #ICRC #ICC

What to make of Ukraine's initial prosecutions of Russian POWs. #ukraine #russia #warcrimes #ICRC lieber.westpoint.edu/atrocity-crime… Valerie Hopkins @rickgladstone Max Fisher Farnaz Fassihi Anushka Patil Matthew Mpoke Bigg

3 part post on Articles of War assesses initial #Ukraine trials of #Russian POWs for #WarCrimes. 1st post, 1st trial, 2d post, 2d trial & 3rd suggests how new Atrocities Crimes Advisory Group may help w/future prosecutions. Brief thread on 1st post 1/3 lieber.westpoint.edu/atrocity-crime…

1st trial involved a # of #LOAC issues, including: 1)Does charging an unspecified violation of the rules of warfare provide adequate notice?; 2)What role should the defense of superior orders play?; 3)Should the Court have considered the ICRC #DPH interpretative guidance? 2/3

4)What are the implications of Ukraine exchanging a Russian POW before trial, rendering the POW unavailable when called as witness by the Defense?; & 5)If the exchanged POW issued the illegal order at issue does transfer implicate #API obligation to investigate/prosecute? 3/3

Here, chris jenks concludes his series on the trials of three Russian POWs tried by Ukraine. He outlines issues the Atrocity Crimes Advisory Group & others should consider in future Ukrainian war crimes prosecutions. #UkraineSymposium #IHL lieber.westpoint.edu/atrocity-crime…

The Army of 2022: Do as you want, not as I say. What's worse, that Account moved to @USArmySMA & @ArmyChiefStaff publicly said not to conduct training the Army claims is mandatory or that no one seems to think thats a big deal? My take in Stars and Stripes tinyurl.com/257vaf8b

The discussion about tolerance for #uncertainty, #accountability gaps, and the fairness of the command #responsibility doctrine when dealing with #AI in combat operations is overdue, argues chris jenks in the latest #RAISymposium lieber.westpoint.edu/ai-ethics-prin…

President Biden signed into law the historic “Justice for Victims of War Crimes Act” giving DOJ jurisdiction to prosecute persons present in the U.S. for war crimes committed anywhere, regardless of the nationality of alleged perpetrator or victim. 1/2 whitehouse.gov/briefing-room/…

The possible impact of emerging technologies on #warcrimes prosecutions will likely be equally innovative and challenging. chris jenks and Eric Jensen explore in the #YearAhead series the impact that such tech. will have on battlefield #evidence. lieber.westpoint.edu/emerging-techn…

Very strong statement by Department of State accusing the Russian military *and* Russian government officials of crimes against humanity in #Ukraine -- executions, sexual violence, deportation, torture. state.gov/crimes-against…

.Ambassador-at-Large for Global Criminal Justice on Secretary Antony Blinken’s determination that members of Russia’s forces and other Russian officials have committed crimes against humanity against the Ukrainian civilian population and holding those responsible to account:

Despite heavy criticisms, the Biden admin has sent cluster munitions to Ukraine. @cornjag1 and chris jenks examine the debate over cluster munitions and consider how humanitarian concerns and strategic weapon systems use are balanced in wartime. lawfaremedia.org/article/cluste…

In 2023, Department of Defense 🇺🇸 unveiled the #ReplicatorInitiative, which is aimed at countering #China’s rapid buildup of its #armedforces. chris jenks explores what 2024 will tell us about the initiative & DoD’s acquisition process for #autonomousweapons. lieber.westpoint.edu/us-dod-replica…