More SCSL Hypocrisy Concerning Customary International Law
In my previous post on the Taylor appeal, I noted two troubling aspects of the Appeals Chamber's judgment concerning customary international law: (1) its erroneous belief that legal principles that narrow criminal responsibility have to have a customary foundation; and (2) its hypocritical affirmation that recklesness is the mens rea of aiding and abetting (which goes beyond the ICTY and ICTR)...