I am, however, excerpting below passages from an expert declaration on laws of war issues I prepared in the last Agent Orange litigation that addresses basic issues on jus in bello proportionality, the difficulties of criminal liability for alleged breaches of proportionality duties, and what the Yugoslavia tribunal prosecutor's office said - under Louise Arbour herself, if I recall correctly, although she joined the Supreme Court of Canada in 1999, so perhaps not - when it was raised as an… [read post]