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Can a Pardon Be a War Crime?: When Pardons Themselves Violate the Laws of War 

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Can a Pardon Be a War Crime?: When Pardons Themselves Violate the Laws of War
by Gabor Rona
May 25, 2019

President Donald Trump’s inclination to grant pardons to several military and contractor personnel accused or convicted of war crimes may itself be a violation of the laws of war, if not a war crime. In an extraordinary public statement issued Friday, the International Committee of the Red Cross (ICRC) – an international organization that usually acts through confidential communications with parties to armed conflict – explains the distinction between pardons and amnesties. The ICRC does not comment on specific cases, and in this statement, does not opine on the legality, let alone the possible criminality, of any particular grant of pardon/amnesty. But the fact that the organization chose to weigh in on such a hot button issue suggests how serious a threat such action by President Trump would be to the system of international law. Here’s what’s at stake.

more:
http://www.justsecurity.org/64288/can-a-pardon-be-a-war-crime-when-pardons-themselves-violate-the-laws-of-war/




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