The Perennial Question of the Scope of ‘Attack’ in Conduct of Hostilities War Crimes: The Al Hassan Trial Chamber’s Failure to Answer
[Mischa Gureghian Hall is a W.M. Keck Research Fellow at the University of California, Los Angeles] After a considerable delay, Trial Chamber X of the International Criminal Court (ICC) delivered its much-anticipated trial judgment in the Al Hassan case. While preliminary engagement with the judgment (including on this blog) has surrounded the Chamber’s unclear approach to gender-based persecution, it can be easy to...