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Beyond the Coup in Myanmar: The Need for an Inclusive Accountability

(Editor’s Note: This article is part of a Just Security series on the Feb. 1, 2021 coup in Myanmar. The series brings together expert local and international voices on the coup and its broader context. The series is a collaboration between Just Security and the International Human Rights Clinic at Harvard Law School).  If the current crisis in Myanmar is one “born of impunity”, any response that is rooted in...

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The US Should Respect the ICC’s Founding Mandate

After more than two years combatting the Trump administration’s egregious attacks on the International Criminal Court (ICC), it is refreshing to contemplate a possible return to a constructive U.S. policy toward the Court. The American Society of International Law Task Force report is a critical contribution to the discussion.  The task force describes ways in which the ICC’s work intersects with U.S. interests, and it makes...

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Beyond the Coup in Myanmar: A Crisis Born from Impunity

In his first speech since illegally attempting a coup d’etat, Commander-in-Chief Min Aung Hlaing told the people of Myanmar that, “no one is above the law.” He went on, “no one or no organization is above the national interest in state-building and nation-building.” But in reality, Min Aung Hlaing and indeed all of the military (Tatmadaw) are very much above the law in Myanmar. Of the coup’s many potential causes, perhaps...

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Congress Must Reform Sanctions Law to Avoid ICC Penalties from Happening Again

The Biden administration has finally rescinded the misguided Trump administration sanctions against International Criminal Court (ICC) prosecutors. This is a welcome reversal. The sanctions imposed severe financial restrictions on ICC Prosecutor Fatou Bensouda and senior prosecution official Phakiso Mochochoko, and prevented Americans from working with the Court. The impetus for levying these penalties was ICC investigations into...

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Full Burial Now Needed for Executive Order Against International Criminal Court

Good riddance to bad rubbish. That is the most printable phrase that jumps to mind with the news that today, a full 72 days after his inauguration, President Joe Biden finally has rescinded Executive Order 13928, the attack against the International Criminal Court that his predecessor launched in June of last year. The rescission means that Fatou Bensouda, the ICC Prosecutor, and Phakiso Mochochoko, head of her office’s diplomatic...

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Blinken grilled for maintaining Trump’s sanctions on war crimes court

Secretary of State Antony Blinken defended the Trump administration’s position on the International Criminal Court at a Wednesday congressional hearing and refused to say whether U.S. sanctions against war crimes investigators would be lifted. Blinken told the House Foreign Affairs Committee that the Biden administration wants a “productive relationship” with the ICC, but echoed the Trump administration’s “concerns” about...