Search: kony 2012

Charlie Savage’s odd article in yesterday’s New York Times prompted another exchange in the ongoing conversation about whether the Obama Administration’s assertions of executive power can be meaningfully distinguished from those of George W. Bush. Savage’s article is headlined in such a way, and otherwise seems to suggest that Obama’s recent reliance on executive orders to accomplish various policy changes (in, for example environmental regulation) is analogous to the Bush Administration’s claims that it could exercise executive power to change various policies and laws in the counterterrorism realm....

...bad day as I am struggling to work on my IRS Return 2012. This has now lasted several months, I had extended it for October 15th because I had to do my country of residence first. I am coming to the conclusion that if I remain a dual citizen paying taxes to two countries I will not be able to afford it. Paying Social Security Self Employment Taxes to the two countries will take a chunk of what I earned, Paying US taxes in my pension from my country of...

...a prima facie showing of a fraud that satisfies the first element of the showing necessary to apply the crime-fraud exception to the attorney-client privilege”).” DECLARATION, Case 1:11-cv-00691-LAK, Document 400, Filed 03/02/12, pages 1-2 (footnotes not included) See also Chevron v. Donziger, 768 F. Supp. 2d 581, 636 (S.D.N.Y. 2011), rev’d on other grounds, 303 F.3d 470 (2d Cir. 2012)(footnotes not included)(emphasis supplied) “Chevron thus is likely to prevail on its contention that the Ecuadorian judgment in this case "was rendered under a system which does not provide impartial tribunals...

...the MB has to represent the Egyptian government. Canuck Kevin, To date, it is worth reflecting that the OTP SAS has gained varied experiences in analyzing different jurisdictional questions in situations of Honduras, Iraq and Palestine. In case of Palestine, following a number of steps, the OTP in its decision of April 2012 noted that: “it is for the relevant bodies at the United Nations or the Assembly of States Parties to make the legal determination whether Palestine qualifies as a State for the purpose of acceding to the Rome...

Apologies for interrupting the book discussion, but I wanted to flag the D.C. Circuit’s blockbuster opinion in Hamdan v. United States, which was issued today. The D.C. Circuit has reversed the Court of Military Commission Review and held that material support for terrorism was not a war crime when Hamdan committed the acts for which he was convicted. Here are the relevant paragraphs summarizing the opinion: Second, consistent with Congress’s stated intent and so as to avoid a serious Ex Post Facto Clause issue, we interpret the Military...

...is discussed at length in my article here. Roger Alford Roger Alford I should add that Ecuador may be discounting this risk in light of Argentina's recalcitrant behavior in not recognizing and enforcing adverse investment arbitration awards. Certainly Correa has indicated that he has no intention of paying the already outstanding $1.77 billion award Occidental won against Ecuador in 2012. But Argentina's strategy may change. Obama removed Argentina's GSP benefits in March 2012 for not honoring its arbitration obligations. The U.S. is likely to do the same for Ecuador with...

...place and regulation in international law still remains insufficiently explored. Two explanations serve to justify this situation. First, the law applicable upon NSAGs is part of public international law, which has always been State-centric in nature; and second, from a methodological perspective, this category of actor encompasses a variety of entities with different features, goals and even international organizations. While some may have (or have had) strong individual leaders, such as Joseph Kony in the Lord’s Resistance Army (LRA) in Uganda, Foday Sankoh in the Revolutionary United Front (RUF) of...

The ICC is standing tough in Uganda: The International Criminal Court ruled out Thursday canceling arrest warrants for Ugandan rebel commanders, saying the rebel leaders and not the warrants are the obstacle to peace. “It is time to marginalise, isolate and arrest individuals sought by the court. The international community must give them no support,” ICC Deputy Prosecutor Fatou Bensouda said in a statement. “People such as Joseph Kony or Ahmed Haroun committed unspeakable atrocities; they are a stumbling block to lasting peace and security,” she added. The stalemate continues…...

Somehow, I knew it would come to this. The Ugandan president, Yoweri Museveni, is headed for a confrontation with the international criminal court after saying he will not hand over to The Hague the leaders of his country’s rebel Lord’s Resistance Army indicted for war crimes. Museveni said Joseph Kony, the LRA leader, and his commanders will instead be brought before “traditional” Ugandan courts – which emphasise apologies and compensation rather than punishment – as part of a deal to end a 21-year civil war marked by the abduction of...

...Violence in Conflict for raising the critical comparison of the international crime of the slave trade and the transnational crime of trafficking in the special issue of the Journal of International Criminal Justice (JICJ). While we recognize these advancements, what do these two laudatory events have in common? Not enough. The case of Dominic Ongwen, a subordinate to the infamous, and still uncaptured, Commander Joseph Kony, illustrates the quintessential criminal conduct inflicted by the Lord’s Resistance Army (LRA) in Uganda. Ongwen, a former child soldier who survived and proceeded through...

...in Distant Justice that the ICC only displays a willingness to cooperate with domestic institutions when they pose no challenge to the Court’s jurisdiction over particular cases. To take the northern Ugandan example Agirre cites, Ocampo stated consistently that no complementary combinations would be possible if Uganda attempted to use traditional mechanisms to deal with the ICC’s targets, Joseph Kony and the other Lord’s Resistance Army (LRA) commanders, as proposed during the Juba peace talks. Tellingly, Agirre makes no mention of one of the key findings in Distant Justice –...

...of the State Department’s War Crimes Rewards Program, which offers financial rewards for information leading to the arrest of suspects sought by the ICC (and especially leaders of the Joseph Kony’s Lord Resistance Army). At first glance, these seem to be rather weighty indicators of the evolution of America’s relationship with the Court. The handover of alleged Congolese warlord Bosco Ntaganda from the American Embassy in Rwanda to the custody of the ICC further supports the notion of the ‘Obama thaw.’ Closer examination, however, shows that the relationship is not...