Rule of Law

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This picture shows detainees inside the soundproof glass dock of the courtroom during the trial of 700 defendants, including Egyptian photojournalist Mahmoud Abu Zeid, widely known as Shawkan, in the capital Cairo, on Sept. 8, 2018. Shawkan, who earlier that year received UNESCO's World Freedom Prize, was sentenced to five years in prison. He had been arrested in 2013 while covering a demonstration. Including time served, he was finally freed in March 2019, but required to be under police supervision for five more years.

When US Security and Democracy Interests Clash

How to break six common and unhelpful patterns in US engagement with security partners that abuse rights or democratic standards.
A letter dated October 29, 2021. It reads, “From: Panel ICO U.S. vs. Khan; To: Convening Authority; The panel members listed below recommend clemency in the case of Majid Shoukat Khan. Mr. Kahn committed serious crimes against the U.S. and partner nations. He has plead guilty to these crimes and taken responsibility for his actions. Further, he has expressed remorse for the impact of the victims and their families. Clemency is recommended with the following justification: 1) Mr. Khan has been held without the basic due process under the U.S. Constitution. Specifically, he was held without charge or legal representation for nine years until 2021, and held without final sentencing until October 2021. Although designated on ‘alien unprivileged enemy belligerent,’ and not technically afforded the rights of U.S. citizens, the complete disregard for the foundational concepts upon which the Constitution was founded is an affront to American values and concept of Justice. 2) Mr. Khan was subjected to physical and psychological abuse well beyond approved enhanced interrogation techniques, instead being closer to torture performed by the most abusive regimes in modern history. This abuse was of no practical value in terms of intelligence, or any other tangible benefit to U.S. interests. Instead, it is a stain on the moral fiber of America; the treatment of Mr. Khan in the hands of U.S. personnel should be a source of shame for the U.S. government. 3) Mr. Khan committed his crimes as a young man reeling from the loss of his mother. A vulnerable target for extremist recruiting, he fell to influences furthering Islamic radical philosophies, just as many others have in recent years. Now at the age of 41 with a daughter he has never seen, he is remorseful and not a threat for future extremism. It is the view of the penal members below that clemency be granted based on the points above, as well as Mr. Khan’s continued cooperation with us efforts in other, more critical, prosecutions. Panel #1, Panel #8, Panel #5, Panel #9, Panel #12, Panel #4, Panel #11.”

Military Officers’ Handwritten Clemency Letter at Guantanamo – What It Says About Who We Are

"A long step toward the ultimate freedom: the realization that there is no them, there is only us."
Air Force Inspector General Lt. Gen. Sami D. Said speaks during a press briefing at the Pentagon, Washington D.C., November 3, 2021. An American flag stands beside him.

The Missing Kabul Drone Strike Report

"It is simply not credible that the entire investigative report must be withheld in order to protect (as one imagines the claim) sources and methods of intelligence-gathering."
Sudan's top army general Abdel Fattah al-Burhan holds a press conference at the General Command of the Armed Forces in Khartoum on October 26, 2021.

Sudan’s Constitutional Crisis: Dissecting the Coup Declaration

Suspending certain articles while retaining parts of the transitional deal cloaks a unilateral power-grab as merely a course correction.
National Counterterrorism Center Director Matthew Olsen, FBI Director James Comey, Director of National Intelligence James Clapper, CIA Director John Brennan, Defense Intelligence Agency Director Lt. Gen. Michael Flynn testify during a hearing before Senate (Select) Intelligence Committee January 29, 2014 on Capitol Hill in Washington, DC.

20 Years After the Patriot Act, America Must End Secret Law

Of the many abuses that sprung from the Patriot Act’s toxic soil, the most pernicious and enduring is the growth of secret laws. The insistence that the government must not only…
A view of the supreme court building in Victoria on March 5, 2012. A sign reads “The Judiciary: Supreme Court of Sychelles.” The building is characterized by white brick and dark wooden trimmings.

Amnesty & Accountability in Seychelles

The Seychelles' truth commission has the unusual power to grant - not just recommend - amnesties. What is their status in international law, and role in transitional justice?
Legal blind justice Themis metal statue with scales on chains

Judicial Secrecy: How To Fix the Over-sealing of Federal Court Records

The lack of uniform procedures for sealing federal court records has resulted in excessive secrecy that has caused considerable harm.
A photographer kneels on the ground in front of two cars to take a photo of one of them. The cars, a 2015 Ferrari LaFerrari and a 2010 Bugatti Veyron EB 16.4 Coupe model car, sit stationary on a brick road. People walk past in the background. The cars are part of an auction preview by sales house Bonhams of sport cars belonging to the son of the Equatorial Guinea's President.on September 28, 2019 at the Bonmont Abbey in Cheserex, western Switzerland.

How American Kleptocracy Works

Review: Casey Michel's book, “American Kleptocracy,” tells the tale of US financial secrecy via two of the world’s great kleptocrats.
A stack of law books stands in front of a justice scale that is slightly out of focus. On top of the stack is an open law book.

New Data Highlight Growing Worldwide Rule of Law Crisis

The 2021 WJP Rule of Law Index shows a global rule of law recession, including a deepening of the rule of law crisis in the United States.
A soldier with a gun stands over debris during rescue efforts after a 7.2-magnitude earthquake struck Haiti and tropical storm Grace moves over Jamaica on August 17, 2021 in Les Cayes, Haiti. Destroyed homes are seen in the background behind the soldier.

Filmmaker: Ex-US Envoy’s Words Tell the Story of Our Lives in Haiti

Raoul Peck on Daniel Foote's call for the US to reset its policy and listen to the voices of Haitians trying to rebuild democracy.
This photograph illustration shows hands typing on a keyboard in front of the logo of Pandora Papers, in Lavau-sur-Loire, western France, on October 4, 2021.

Closing Pandora’s Box

Congress and the Treasury Department must curb law firms, financial advisors, and others implicated in the Pandora Papers secrecy gambits.
Former Liberian President Charles Taylor flanked by uniformed guards waits for the start of his appeal judgement on September 26, 2013 in the courtroom of the Special Court for Sierra Leone in The Hague.

The Draft Convention on Crimes Against Humanity Should Enshrine the Highest Standards of International Law

While it contains laudable provisions, it is silent on certain fundamental issues, and some clauses set out the lowest common denominator.
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