War Crimes

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Lessons From the North: Omar Khadr’s Release on Bail in Canada

UPDATE: The Supreme Court of Canada unanimously ruled on May 14 that the U.S. military commission that convicted Omar Khadr sentenced him as a juvenile and not, as the Canadian…
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Defeating ISIS in Iraq: We Cannot Fight Evil With Evil

News of the “liberation” of Tikrit, the city nearby the birthplace of Saddam Hussein, from occupation by ISIS militants two weeks ago was a welcome advance in the war to destroy…
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One Way Sri Lanka Can Shield its ex-Defense Secretary from a U.S. Criminal Prosecution

Last week, Sri Lanka’s Justice Deputy Minister responded to an Op-Ed that I published in the New York Times, in which I described reasons that the United States can and should…
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The Gov’t of Sri Lanka Responds to my NYT Op-Ed on U.S. War Crimes Probe of ex-Defense Secretary

The government of Sri Lanka’s Justice Deputy Minister has responded to an Op-Ed that I published in the New York Times in which I described the reasons that the United States…
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How the U.S. Can Help Sri Lanka Turn the Corner—with a targeted war crimes prosecution

The Obama administration helped catalyze the United Nations’ ongoing efforts to bring accountability in Sri Lanka for mass war crimes committed in that country’s civil…
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Ongwen Onward to the Hague: Lord’s Resistance Army Commander to Face Justice

Media are reporting that Dominic Ongwen, the Joseph Kony deputy who defected last week from the Lord’s Resistance Army, will be transferred to the International Criminal Court…
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Verdict in Cambodia: Too Little Too Late, but Still Important

Amidst all the developments in the Middle East, we could not allow the verdict rendered by the Extraordinary Chambers in the Courts of Cambodia (ECCC) in Case 002 to go unacknowledged.…
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Road Map II: Legal Avenues to Prosecute a US Citizen for War Crimes—The Case of Gotabaya Rajapaksa

This is the second post arising out of a presentation I made at a congressional briefing earlier this month on issues of accountability in Sri Lanka. The analysis below is also…
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Road Map I: What More Congress (and the Administration) Can Do to Promote Accountability in Sri Lanka

The Obama administration has taken the lead internationally to promote accountability in Sri Lanka. The principal focus is on war crimes and crimes against humanity committed during…
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Immunity Before the African Court of Justice & Human & Peoples Rights—The Potential Outlier

As is clear from our prior coverage of the issue, the availability of jurisdictional or defensive immunities is ever-present in discussions of how to ensure accountability for…
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Immunities and Criminal Prosecution within the United States & Beyond

The African Union’s controversial effort to grant sitting heads-of-state and “other senior state officials” immunity before the proposed new African criminal chambers (see…
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Title 18’s Blind Spot: Superior Responsibility

We have discussed at length the ability of the United States government to prosecute international crimes in terms of chargeable crimes and bases of jurisdiction. Ryan Goodman…
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