Gabor Rona

One, on this issue of recklessness and the question of how much information is sufficient to, first of all, imbue the actor in question with the doubt that would preclude attacking, but secondly, reach the level of recklessness that would entail criminal liability.

And the second caveat is that there is an argument that Gabor Rona in particular has made about the way that the War Crimes Act in the United States internalizes Article 27 of the Hague Regulations that might allow for a violation of precautions to entail criminal liability.

It's a creative argument.

I don't know of any precedent that supports it either domestically or transnationally.

So I definitely don't think it's clear that this was a war crime.

I also don't think it's clear cut that it wasn't.

And again, there's this additional separate argument that Gabor Rona has made that the precautionary violation itself could implicate criminal liability, but that's relatively untested.

Great.