Rule of Law Developments in the Middle East and North Africa

Humanitarian aid and assistance that has been coordinated by the United Nations (UN) into Syria thus far has been reliant on a resolution from the UN Security Council as an alternative to Syrian regime approval. With time, however, Russia – as a key ally of the Syrian regime – has whittled away at the resolution, ultimately making this process untenable. In a responsive piece, Jack Sproson presents a legal argument offering a third way suggesting that in fact UN-coordinated aid need not require Syrian regime consent or a UNSC resolution.

As Tunisia has become the first country of departure for migrants seeking to reach the EU, a new deal between the two entities has been signed. Andreina De Leo unpacks the new memorandum of understanding, raising important concerns and questions about the content of the deal, its legal nature within EU treaty-making rules, and the human rights implications.

With the conflict ongoing in Sudan, and no end in sight, Mohamed Osman pens a piece that interrogates the role of the ICC in the country, its recent announcement opening an investigation into West Darfur, and what this might mean for justice going forward. His article raises additional questions on unaddressed abuses occurring outside of the scope of the investigation’s mandate.

In August, Jordan became the latest MENA country to pass or update its cybercrime legislation. The law has raised concern on its vaguely-constructed provisions and the likelihood that its articles will be used against independent expression. In a joint piece, Afnan Abu Yahia and Valeska Heldt explain key elements of the legislation and related concerns.