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Open Think Tank Articles

April 22, 2010 | Bringing International Humanitarian Law into the 21st Century

Brandon Henander: International Humanitarian Law is insufficient and even counter-productive because, in some situations, it can discourage a humanitarian approach in favour of more conventionally legal tactics. Laws should be amended to address the increasing presence of civilians among enemy combatants and the political and strategic importance of sparing human life whenever possible.

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Global Must Read Articles

March 7, 2012 | How to Refer Syrian Leaders to the ICC

Securing the investigation into Syrian war crimes is imperative. ++ Syria is not a member of the ICC so the only way to give the tribunal jurisdiction over the country’s leaders is through the Security Council’s enforcement. ++ The court’s jurisdiction to investigate and prosecute could be limited in order to get China and Russia on board with a Security Council vote. ++ If Assad was to quit

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March 6, 2009 | Stop "Show Justice" in Sudan

Mr. Bashir should undoubtedly be arrested. ++ As the President of Sudan, he cannot ignore the atrocities being committed in Darfur. ++ Whether the arrest warrant issued by the ICC will have a real impact on stopping the hostilities is another matter. ++ As Sudan has not ratified the statute of the ICC, Mr Bashir can invoke personal immunity which leaves the arrest warrant deprived of any effect.

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November 24, 2008 | Human Rights Watch Praises Bush on Darfur Stance

Despite opposition to the ICC, President Bush is backing its prosecution of President Omar al-Bashir for genocide, war crimes, and crimes against humanity in Darfur. ++ Sudan is trying to both charm and blackmail members of the Security Council to postpone ICC action by promising the resignation of top officials and threatening foreign humanitarian and peace workers. ++ Prosecuting Bashir would

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August 1, 2008 | Is International Justice the Enemy of Peace?

The key reproach that critics raise against international courts is that “in their effort to do justice, they are obstructing achievement of a more important goal, peace. ” ++ These complaints are expressed especially when heads of state are accused of crimes, as illustrated by the latest example of the charges against Sudanese President al-Bashir for crimes against humanity and genocide in

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June 17, 2008 | Sudan Flouts its International Obligations

If the international community remains inactive regarding Sudan, its outrage could end up being regarded as hollow. ++ With the help of the International Criminal Court, France, Britain, and the US should pursue a strategy for concomitant peace and justice. ++ To avoid the country’s disintegration, leaders in Khartoum need to be threatened with ICC prosecution. ++ Since there is currently no

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July 23, 2007 | Time For a Transatlantic Consensus on International Law

William H. Taft and Frances G. Burwell from the Atlantic Council advise the EU and US to coordinate their positions before the ICC review conference in 2009. The transatlantic partners must set an example for the rest of the world.

With the review conference on the International Criminal Court (ICC) coming up in 2009, a concerted transatlantic effort to build global consensus on international

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November 9, 2008 | John, Donald, The trend that really...

November 8, 2008 | Francisco J. Ruiz writes: "It would be too...

November 4, 2008 | I want to second Herr Broschk's points. The...

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