WHEN ELEPHANTS FIGHT: GREAT POWER COMPETITION AND LIABILITY FOR THE ATROCITIES OF PROXY FORCES UNDER INTERNATIONAL CRIMINAL LAW.

As the governments of the United States, Russia, and China signal a renewed emphasis on great power competition, tensions among three leading military and nuclear powers are rising. Mounting tensions portend an increase in proxy conflicts, raising concerns about support for possible atrocity crimes of proxies. As states formulate their approaches to great power proxy conflict, they would do well to consider the possibility of their officials facing liability for aiding and abetting atrocity crimes. This paper focuses on aiding and abetting liability under international criminal law through the lens of great power proxy conflict. It argues that proxy conflict among great powers is likely, that it will probably contribute to atrocity crimes, and that states have not taken sufficient measures to ensure they do not contribute to the commission of atrocities. While this paper deals with the United States, Russia, and China, it especially focuses on recommendations and implications for the U.S. government. Section I discusses the rise of great power competition as the driving force in international politics, argues that great power competition will likely manifest as proxy conflict between great powers, and discusses the relationship between proxy conflict and liability for atrocity crimes. Section H analyzes the elements of aiding and abetting liability through the lens of three debates among legal scholars and judges that bear particular relevance for individual liability in the context of proxy conflict among great powers. Section III examines the relationships between the governments of the United States, Russia, and China and the International Criminal Court. The Section then outlines the ongoing legal debate regarding whether the ICC can properly assert jurisdiction over the nationals of those and other non-party states as a matter of customary international law. Section IV reflects on the practical implications of the paper's findings and recommends policies that the United States should adopt in light of those findings. [ABSTRACT FROM AUTHOR]