Commentaries by David M. Crane | Founding Chief Prosecutor of the UN Special Court for Sierra Leone

As the world faces unprecedented challenges—global conflicts, humanitarian crises, and a growing sense of injustice—it is imperative that we establish a robust and credible Special Tribunal on the Crime of Aggression Against Ukraine. The successful establishment of this tribunal greatly depends on its leadership, which must be characterized by both depth of experience and a [...]

“We unleash overwhelming and punishing violence on the enemy. We also don’t fight with stupid rules of engagement. We untie the hands of our warfighters to intimidate, demoralize, hunt, and kill the enemies of our country. No more politically correct and overbearing rules of engagement, the military will “kill people and break things for a [...]

The current political climate in the United States has raised serious concerns regarding the potential overreach of executive power. At times, these methods have been reminiscent of historical authoritarian regimes. In particular, the tactics employed by the Trump Administration to consolidate power—specifically the use of federal law enforcement agencies and nationalized National Guard units—raise concerns [...]

This article examines the legal and political significance of the enlarged partial agreement provision within the statute of the Special Tribunal for the Crime of Aggression against Ukraine. It argues that this mechanism not only enhances the tribunal’s operational feasibility but also elevates its institutional stature by enabling flexible international support, circumventing traditional diplomatic impasses, [...]

“An appeaser is one who feeds a crocodile, hoping it will eat him last.” — Winston Churchill As the world watches with bated breath, US President Donald Trump gears up for a meeting with Russian President Vladimir Putin in Alaska, an encounter that echoes with eerie resonance the fateful meeting between British Prime Minister Neville [...]

The ongoing humanitarian and political crises in Syria encapsulate decades of repression, violence, and civil unrest. After over fifty years of authoritarian rule, culminating in the brutal civil war, the call for justice has gained paramount significance among the Syrian populace. Justice is not a mere legalistic necessity; it is a foundation upon which lasting [...]

In the fragmented landscape of modern warfare, civilian populations have emerged as the silent victims of aggressive militarized conflicts. As violence escalates in Ukraine and Gaza, and amid the simmering tensions between Israel and Iran, we find ourselves confronting a grim reality: the deliberate targeting of civilians has become an alarming new norm. This is [...]

The role of judge advocates in the armed forces is a critical one, particularly in times of tension and unrest within the United States, such as the current demonstrations in Los Angeles regarding immigration policy. Sworn to uphold the Constitution and provide legal guidance to military commanders, judge advocates find themselves in a precarious position [...]

“The world no longer has a choice between force and law; if civilization is to survive, it must choose the rule of law.”—Paul Krugman Introduction The Council of Europe’s establishment of a Special Tribunal for the Crime of Aggression against Ukraine represents a significant development in the international justice landscape. As nations grapple with the [...]

As Syria undergoes a precarious government transition under interim President Ahmed al-Sharaa following the ouster of Bashar al-Assad, now is a critical moment to hold members of the former regime accountable for widespread human rights violations. One effective approach would be to establish a Special Domestic Criminal Court to prosecute individuals responsible for crimes committed [...]