Saturday, December 26, 2020
Pardons and war crimes
Has President Trump Committed a War Crime by Pasrdoning War Criminals?, 35 Am. U. Int'l L. Rev. 757 (2020). The author analyzes the Golsteyn, Lorance, Behenna and Gallagher cases, and emerges with a range of answers running from "could be," "good chance," "maybe," "probably," and "might be" to "no," depending on the case. He notes an open question about successor liability, i.e., what if the underlying war crime occurs under one commander but it is a successor commander who fails to punish it (here by granting clemency)? In the end, there remains the vexing challenge of how and where the soon-to-be ex-President might actually face prosecution. Comments welcome. Real names only, please.