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The Security Council, which has the power to suspend prosecutions, was reportedly ready to agree if Mr. Kony signed.
Indeed, the Louisiana Supreme Court has ruled that in the absence of sufficient funds for a defense, judges should suspend prosecutions.
The fight for international justice and against torture could be helped by one major reform, completing the last decade's modernisation of justice: the government should finally remove its own ministers from involvement in individual cases, specifically by ending the attorney general's power to approve or suspend prosecutions, a power that has been used to stop politically inconvenient cases.
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All 18 people named in the two dozen suspended prosecutions have Hispanic surnames, prompting accusations of racial profiling from the Mexican Consulate here and Hispanic organizations.
It compares the effectiveness and costs of sending minor criminals to court with using a "turning point contract", which combines a deferred prosecution with a set of conditions intended to prevent future reoffending, not unlike Mr Grayling's suspended prosecutions.
For more serious infractions, suspended prosecutions will allow the police to attach reparative or punitive conditions which, if broken, will result in the case going to court.Some think the new measures are unnecessary and could be counterproductive.
Robert J. Shane, a lawyer for a man who received a suspended prosecution, said, "If Craig would have had an attorney, I think he could have got that type of agreement".
No trials have been scheduled, and none of the men have had charges dismissed, although two were given "suspended prosecution" in which their records may be expunged after a year.
DPAs, introduced in the UK in 2014, allow a company to suspend a prosecution in return for meeting specified conditions, such as paying a fine.
If the trial is not over by the end of this year, an incoming president, even one who would like to see Guantánamo Bay closed quickly, is most unlikely to suspend the prosecution, however flawed.
Earlier this month members of the African Union (AU) reaffirmed their opposition to the indictment of the Sudanese president, Omar al-Bashir, for war crimes committed in Darfur by the newly established International Criminal Court (ICC) and again asked the UN security council to suspend the prosecution.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com