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The International Criminal Court (ICC) must better communicate what is driving its actions to the public of the Middle East and North Africa (MENA) and elsewhere around the world if it is to develop confidence in its capacity to act as a guardian of international criminal law.

As the number of victims of violence against demonstrators in Syria, Yemen, Bahrain and elsewhere in the region rises, a question emerges for the government of Bashar al-Assad of Syria, but also those of Ali Abdullah Saleh of Yemen, Hamad bin Isa al-Khalifah of Bahrain and the vacillating international community: Can impunity for such crimes be permitted in this day and age?

Some habits die hard. This is especially true of ways of thinking. Despite significant changes in national and international law and practice in the last thirty years—the period that corresponds with the emergence of transitional justice as a field—the recent upheaval in the Middle East and Northern Africa region has provoked proposals that hearken back to a period that we may have thought long gone.

The allegations of war crimes and crimes against humanity committed in the final phases of the conflict in Sri Lanka, made in the Report of the Secretary-General’s Panel of Experts on Accountability in Sri Lanka released on April 25, must be thoroughly investigated. This is the first comprehensive UN report examining the events in the Vanni region between January and May of 2009 and it alleges that “tens of thousands of civilians” were killed. The Government of Sri Lanka, but also the relevant international bodies, cannot claim credibility if these findings are ignored.