679 WHEN DOES COLLATERAL DAMAGE RISE TO THE LEVEL OF A WAR CRIME?: EXPANDING THE ADEQUACY OF LAWS OF WAR AGAINST CONTEMPORARY HUMAN RIGHTS DISCOURSE DR. SABY GHOSHRAYt First they went into my Father's room, where he was reading the Koran ... we heard shots. I couldn't see their faces very well-only their guns sticking into the doorway. I watched them shoot my grandfather, first in the chest and then in the head. Then they killed my granny. Iraqi orphan1 These deeds are the overshadowing historical facts by which generations to come will remember this decade. If we cannot eliminate the causes and prevent the repetition of these bar- baric events, it is not an irresponsible prophecy to say that this twentieth century may yet succeed in bringing the doom of civilization. 2 Justice Robert H. Jackson t Dr. Saby Ghoshray's research focuses on Constitutional Law, International Law, Capital Jurisprudence, Military Tribunals, and Cyberspace Law, among other ar- eas. His work has appeared in the Albany Law Review, ILSA Journal of International and Comparative Law, European Law Journal ERA-Forum, Toledo Law Review, Catho- lic Law Journal, Fordham International Law Journal, Loyola Law Journal, New En- gland Law Review, and Georgetown International Law Review, among others. The author would like to thank Jennifer Schulke for her assistance in legal research and typing of the manuscript. To Shreyoshi and Sayantan, your support is endless. Warm thanks go to the members of the Creighton Law Review Editorial Board and their inter- est in the manuscript. Dr. Ghoshray can be reached at
[email protected].