We were fortunate to have Jens David Ohlin, Associate Dean for Academic Affairs and Professor of Law, attend the Becker-Rose Cafe Series event. In a very casual environment, Professor Ohlin engaged us in conversation regarding international criminal law. I found the main theme of the discussion, which was determining the legality of killing civilians in war or conflict, to be highly interesting. The professor shared with us that it becomes considered criminal when the number of civilian deaths is disproportionate to the importance of the target. Although the policy sounds reasonable, it actually is difficult to apply in the court. Indeed, “disproportionate” is of course highly vague and subjective, and thus Professor Ohlin pointed out that prosecutors are often hesitant to embrace cases dependent on this law.

The professor also pointed out that international criminal law can be highly political, and as a result can prevent cases technically required by law from ever taking form. Countries like Syria and Saudi Arabia, both of which have been widely reported to have committed serious criminal infractions, have many business partners and economic allies; this has prevented a strong and unified push for prosecution against these nations in an international court. More concerning is when a nation is supposed to prosecute or seek justice under the terms of a contract or treaty, and instead fails to do so. Thus, what perhaps needs to be instituted is a system that penalizes those who fail to uphold justice in a world where no true international police force exists.