News and Insights

Top ten developments in international law in 2016

This year seems to have packed in more news events and shocking developments than any other in recent memory. As 2016 draws to an end, many are fearful of how the political trends that surfaced this year will play out and what their long-term effect will be on the international legal order. At the same time, the year has seen a number of successes in international law, most notably in judicial decisions that championed the rule of law against the interests of powerful states and corporations. This post highlights and discusses ten international law victories and failures in 2016.

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His turn will come

Six German lawyers are bringing a case against Syrian leader Assad for war crimes and crimes against humanity. It may sound naive, but it is a long-overdue step in international law enforcement – and Germany is the perfect venue. By Kristin Helberg

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Confronting Assad's War Crimes: The Next Step for America

Donald Trump is taking his time to assemble his cabinet and his national security team, but the world isn’t stopping for him. In fact, the world doesn’t stop for anyone.

This is especially so for the Syrian people, who have been terrorized, starved and besieged by their own government over the last six years. Bashar al-Assad may be an evil and cunning man, but he isn’t stupid; he grasps the political reality in the United States and understands that folks in Washington are too distracted to do anything significant about Syria. The two months when one administration hands power to another isn’t the best time to rock the boat and change policy.

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Standing Up for Justice in War

In May 2014 an attempt to refer the situation in Syria to the International Criminal Court (ICC) was vetoed by Russia and China. Since then, war crimes and crimes against humanity have escalated.

Civilians have been bombarded by chemical weapons, cluster munitions, incendiary devices and barrel bombs. Cities have been starved in medieval sieges, doctors and hospitals systematically attacked, food convoys obliterated or obstructed, and courageous rescuers like the Syrian ‘White Helmets’ deliberately killed. Thousands have been tortured or enslaved.

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Beyond Gitmo: What is the US Going to Do About the Coming Wave of ISIL Detainees?

With the Mosul battle raging and the Raqqa offensive possibly weeks away, U.S. policymakers and government attorneys will be facing a familiar kind of problem: What is going to be done with the inevitable ISIL fighters captured in the battle?

The answer to that question is not going to be easy, as evidenced by the ongoing legal and policy debates surrounding the U.S. military prison in Guantanamo Bay, Cuba, where hundreds of detainees tied to the conflict with Al Qaeda and the Taliban were brought following the 9/11 attacks in 2001. Of those, 60 remain.

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Calls for prosecuting war crimes in Syria are growing. Is international justice possible?

Frustrated by the Russian veto of a United Nations Security Council resolution on Syria, France and U.S. Secretary of State John Kerry last Friday called for war crime prosecutions over the ongoing assault on Aleppo. Such calls for legal action have been issued multiple times in recent years, including by the United States. Is the international community any closer to delivering justice today for the suffering in Syria? What are the prospects of accountability for war crimes in this ongoing, and tragic, civil war?

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