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Rule of Law

Can Bureaucrats Rewrite Laws? Latest Obamacare Supreme Court Case Could Let Them Do Just That

Evan Bernick | Posted 03.06.2015 | Politics
Evan Bernick

In order to defend the rule of law, the Supreme Court must engage with the law as written. It must seek the truth concerning the political choices and tradeoffs manifested in the ACA itself. As Thomas Paine once put it, "In America, the law is king." In King, the Court must make plain where the authority lies.

Croatia: 'Criminal Enterprise HDZ' Takes Over Presidency -- Organized Crime and the Rise of Nationalism

Natasha Srdoc | Posted 02.14.2015 | World
Natasha Srdoc

Strong rule of law nations must urgently address transnational organized crime in the Balkan region's mafia states including Croatia, and, help establish the rule of law and independent judiciary.

Double Standards in Our Foreign Policy -- and That's Just the Way It Is

András Simonyi | Posted 02.13.2015 | Politics
András Simonyi

Pragmatism however should not be an easy way out of the responsibility for human rights and dignity that we, as democracies, share in the world. We should not suggest that we do not have an influence, when we actually do.

The Long Judicial Arm of the Honduran Coup

Dana Frank | Posted 02.06.2015 | World
Dana Frank

Rather than reward the dangerous Hernández regime for subverting the rule of law and punishing those who uphold it, the United States should publicly and forcefully demand the immediate reinstatement of the four judges as a baby step toward restoring judicial independence in Honduras.

The African Union Gets a Backward Leader

Charlotte Florance | Posted 02.02.2015 | World
Charlotte Florance

Robert Mugabe continues to destroy Zimbabwe, and now he's got a bigger sandbox to play in. The oldest and longest serving leader in Africa has taken the helm of the African Union (AU), as well as the leadership of the Southern African Development Community. He will pilot the AU for the next year.

Saudi Courts Should Exhibit Independence by Protecting Speech

Meryl Chertoff | Posted 03.10.2015 | World
Meryl Chertoff

While the driving ban has lit up the Internet, it is only a symptom of a system that is insufficiently responsive to widely-held Saudi opinion on matters of governance. For the Saudi judicial system to show itself to be truly independent, it should support a more open discourse on future social and legal policy in the Kingdom.

Addition by Subtraction in the Maldives

Tom Ginsburg | Posted 02.28.2015 | World
Tom Ginsburg

Sometimes we can learn more about global forces from small countries than large ones. So it is with the recent struggles over the Supreme Court in the Maldives, the tiny island nation in the Indian Ocean better known for its high-end resorts.

A Fixable Problem for Our Society

Marc Gopin | Posted 02.22.2015 | Crime
Marc Gopin

Community policing needs to be restored to its pre-9/11 commitments. Counterterrorism influences on policing must be scaled back dramatically, especially the corrupting influence of military and counterterrorism training with its absurd technical firepower, and shoot to kill orders.

Can Bosnia's Army Save the World?

Ambassador Muhamed Sacirbey | Posted 02.16.2015 | World
Ambassador Muhamed Sacirbey

Soldiers, officers and police that fought against each other two decades earlier are now working together in UN and NATO operations to keep or deliver peace.

Does the UN See US "Institutionalized Discrimination" in the Wake of Ferguson?

Ambassador Muhamed Sacirbey | Posted 01.25.2015 | World
Ambassador Muhamed Sacirbey

The Ferguson grand jury decision not to criminally prosecute a police officer in the shooting of an unarmed young black man has reached the Geneva HQ of the UN Office of Human Rights Chief Prince Zeid, but the consequences will be felt globally and probably with indefinite impact.

Construction According to Putin's Model, from Bosnia to Europe?

Ambassador Muhamed Sacirbey | Posted 01.20.2015 | World
Ambassador Muhamed Sacirbey

The scent of nationalism was present in the former-Yugoslavia before Vladimir Putin effectively assumed power in Moscow. Already during the early stages of the conflict in Bosnia & Herzegovina, "BiH"  solutions were being fashioned in the hope of, well appeasing is perhaps an appropriate term, those leaders in the region but also Moscow who saw feudal nationalism as the vehicle to replace authoritarian communism.

Squaring the Circle: Rule According to Law in a One-Party State

Minxin Pei | Posted 12.31.2014 | World
Minxin Pei

The greatest dilemma facing the Chinese government in its long-standing efforts to build an effective legal system is how to ensure both the integrity of the judiciary and the Communist Party's monopoly of power.

Confronting ISIS: Is Rule of Law and Democracy Part of Coalition?

Ambassador Muhamed Sacirbey | Posted 11.21.2014 | World
Ambassador Muhamed Sacirbey

Beating ISIS on the battleground could prove inconclusive, even counterproductive, if its dogma is not de-legitimized. This cannot be done by the gun but the law and a political system that offers an alternative to the rule of might.

#1 Many Liberals Don't Like the Idea of Battle, But the Alternative in America Today is Much Worse

Andy Schmookler | Posted 11.09.2014 | Politics
Andy Schmookler

In America right now there's a battle that needs to be fought and won in our political arena. It's a battle over what kind of country, and what kind of planet, our children and grandchildren will live in.

Khmer Rouge Tribunal Is a Success, Even If Others Have Trouble Admitting It

Kip Hale | Posted 10.21.2014 | World
Kip Hale

The ECCC, on balance, is a major success for international criminal justice. The longevity of the international human rights and rule of law movement depends on building on such successes, while understanding the challenges in their context.

Will Zionism and Hamas Ideology Be Criminalized?

Ambassador Muhamed Sacirbey | Posted 10.08.2014 | World
Ambassador Muhamed Sacirbey

Joining the International Criminal Court (ICC) remains one of few options for the "State of Palestine," but it's one with profound implications for Zionism and Hamas.

'Most Dangerous' for Children and Human Rights

Freedom House | Posted 10.08.2014 | Impact
Freedom House

Children reaching the United States should be considered refugees and be granted temporary protected status until they can be guaranteed a safe return to their homes.

African Authoritarianism 2.0

Freedom House | Posted 10.05.2014 | World
Freedom House

Authoritarian leaders now prefer to quietly manipulate their countries' legal frameworks, silencing dissent and limiting civil liberties to ensure that they remain in office. This rule by law has supplanted rule of law in many African countries, with troubling consequences for democracy.

When Donor Driven Programs Work

Fron Nahzi | Posted 09.27.2014 | World
Fron Nahzi

Ideally, USAID and other donors should make sustainability an umbrella aspect of their political, social, and economic development programming.

Circus Politics Is Alive and Well in the Philippines

Edsel Tupaz | Posted 09.25.2014 | Politics
Edsel Tupaz

The circus continues with the motion to impeach President Aquino, with opposition politicians having sharpened their knives in an attempt to draw some blood from the Teflon President.

This #17July, Invest in International Criminal Justice Because #JusticeMatters

Kip Hale | Posted 09.16.2014 | Impact
Kip Hale

July 17 marks International Criminal Justice Day, when the international community reflects on its collective effort to end impunity for genocide, crimes against humanity, war crimes, and aggression.

World Cup and the Rule of Law

Michael Møller | Posted 09.14.2014 | World
Michael Møller

In the face of timid responses, it's up to all of us to call out fouls and demand action and punitive measures. If it becomes increasingly acceptable to bend or even ignore the basic rules of governance we have in place, we will end in total chaos.

Srebrenica Forgiveness!!

Ambassador Muhamed Sacirbey | Posted 09.10.2014 | World
Ambassador Muhamed Sacirbey

Every year we commemorate the genocide, we expect that those who betrayed Srebrenica might this time ask for forgiveness from the survivors. Instead, much of Europe appears inclined to forget Srebrenica and punish all Bosnian & Herzegovinians ("BiH") for reminding it of its collective failure to prevent the genocide.

Breaking Iraq's Cycle of Destruction

Freedom House | Posted 09.09.2014 | World
Freedom House

The sad truth of the present situation is that the current Iraqi leadership effectively paved the way for ISIL's deadly ascent through policies that actively aggravated sectarian rifts and undermined the resilience of security forces.

Do Animals Need a UN Ambassador?

Ambassador Muhamed Sacirbey | Posted 09.03.2014 | World
Ambassador Muhamed Sacirbey

As a matter of animal welfare/rights, cruelty/abuse should have the same meaning for a dog in China as the U.S. Identifying animals by their nationality stretches sovereignty -- people can be rabidly nationalistic but dogs cannot.