war crimes can only happen in the context of an inter-state or intra-state war. anyways, I've heard Anthony talk quite a bit about this on the podcast, but this is how that could work. end/

Assuming the latter did happen, the ICC would still have to rule that the alleged extrajudicial killings met its "gravity" threshold and that it was in the interests of justice/the Court. Given this is not yet a declared war, these would constitute crimes against humanity and not war crimes. /3

So very unlikely. But one way that could change is if the US bombed a boat within a state member's territorial seas (e.g. Venezuela), in which case the ICC could exercise territorial jurisdiction (similar to the ICC case re: the US in Afghanistan a few years back). /2

I hear you on the illegality @ronfilipkowski.bsky.social, BUT the U.S. is a non-signatory to the Rome Statute of the ICC. The ONLY way the ICC could gain jurisdiction over this as a non-signatory is via a UN Security Council referral, which the US (another other P5 countries) would have not veto. /1

Interior Designer-in-Chief

“Universal jurisdiction” for acts in the high seas can only be invoked for piracy and slavery under the law of the sea; otherwise no state has law enforcement powers. What is called the “protective principle” in intl law (used to justify Guantanamo detentions) does not apply to intl waters.

If it was in intl waters, they have no jurisdiction unless they were engaged in acts of piracy or slavery. Falls short of the legal definition for either.

Congrats on the book!!

Yes, and elephant in the room is this is really about Russia, Wagner and atrocities under three military juntas

Wow!

Congrats on the position Max! Wishing you a great start at Leiden and say hello to Corinna for me.

Congratulations!!!