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08 October 2021

Balancing Accountability and Legitimacy

As they have installed themselves as the de facto government of Afghanistan, the Taliban could theoretically be held accountable for potential crimes via inter-state proceedings. In practice however, that would run the risk of increasing the perceived legitimacy of the Taliban as the Afghan government. The announcement of Prosecutor Karim Ahmad Khan of the International Criminal Court on September 27 to resume investigations in Afghanistan in the form of criminal prosecution – and thus not as inter-state litigation – therefore deserves support. Continue reading >>
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02 September 2021

General Prosecutor, the Supreme Leader of the Slovak Republic?

On 31 August 2021, General Prosecutor of the Slovak Republic annulled charges against former director of the Slovak Secret Service and four other high-profile individuals held in custody due to corruption allegations. Many Slovak politicians have clearly become accustomed to the GP/SP serving as a crucial line of defence against undesired effects of the justice system. The 7-year term conferred on the GP in a secret vote by MPs is meant to enhance his or her independence. In practice, the length of the term and near irremovability has more often than not protected the GP from accountability for their actions. Continue reading >>
14 April 2020

Abstract panic: On fake news, fear and freedom in Southeast Asia

In Southeast Asia, which is the world’s most dynamic laboratory of fake news legislation, the corona crisis has put previously created laws to practice and sparked additional legislative activity. The professed goal is to prevent public panic. Recent enforcement actions, however, demonstrate the complete irrelevance of any panic indicators. A falsehood’s panic potential is simply assumed. In short, an abstract panic threat is fought with very concrete measures: Arrests and criminal prosecutions. Cases from across Southeast Asia prove the trend, whereas two decisions in Singapore deserve particular attention. Continue reading >>
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