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No Home in this World: The Case against John Yoo before the International Criminal Court

In: International Criminal Law Review
Author:
Jake Romm University of Pennsylvania School of Law, Philadelphia, PA, USA jakeromm@gmail.com

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Former Office of Legal Counsel lawyer John Yoo’s criminal liability for the U.S. Torture Program has been a topic of debate ever since the so-called ‘Torture Memos’ came to light. The debate has primarily focused on the criminal case against Yoo under domestic U.S. law or under abstract notions of ‘international law’. In light of the International Criminal Court’s investigation into the situation in Afghanistan there is reason to hope for a possible indictment of Yoo. This article fills in a gap in the literature surrounding Yoo’s culpability by straightforwardly delineating the prima facie case against John Yoo under the Rome Statute.

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