Search: kony 2012

...the Memoranda of Understanding (‘MOUs’) with Nauru and PNG expressly stipulate that the niceties of international legal obligations are not a mandatory part of the arrangements made. The regime is one that Australia hopes will comply in practice with the international legal obligations owed to Convention refugees. Under its domestic law, however, there is no longer any obligation that this be the case. In fact Nauru has now enacted the Refugees Convention Act 2012 and it has amended its Immigration Regulations 2000 to create a special ‘Australian Regional Processing’ visa...

(Update: On a more serious note, Stuart Benjamin at Volokh discusses whether Gingrich saying he would appoint Bolton as Secretary of State violated any law, as has been argued around the blogosphere; Benjamin says no law violated.) One of my Business Associations students asked me what a “black swan event” is – I think she read it in a Wall Street Journal article. The following is a “cascading” black swan event: Newt Gingrich becomes the Republican candidate in 2012. Newt Gingrich wins presidency in 2012. Newt Gingrich somehow recalls impetuous...

The NYU Journal of International Law and Politics is partnering once again with Opinio Juris for an online symposium. The symposium will correspond with the simultaneous release this week of our Vol. 44, No. 2 issue, featuring a ground-breaking piece by Professor James Hathaway, a world-renowned leader in refugee studies and director of Michigan’s refugee law program, and Jason Pobjoy, a Ph.D. candidate in Law at Gonville and Caius College, University of Cambridge and a visiting doctoral researcher at NYU. The article, Queer Cases Make Bad Law, serves...

...2012. The appeals have not begun. A few other trials are ongoing or set to begin. Even by the low standards of international tribunals, this performance should raise an eyebrow. It occurred to me yesterday that another criminal-justice system recently celebrated its 10th anniversary: the United States military commissions at Guantanamo Bay, which President Bush created by executive order on November 13, 2001. The commission system is vastly less complicated than the ICC — it builds on a long tradition of American military tribunals, it is run solely by one...

...difference between the General Assembly resolution adopted in 1988 and the resolution adopted in 2012, is that by 2012, the Palestinian people had long been exercising self-governing powers in substantial sectors of the West Bank, and the General Assembly resolution explicitly recognised a Palestinian state. Whereas the effect of the 1988 resolution was to acknowledge the proclamation of a Palestinian state, thereby validating the Palestinian people’s exclusive title to the territories occupied by Israel in 1967, the effect of the 2012 resolution was to accord Palestine observer state status in...

...the ICC and the Court should have started an investigation into the situation with no further delay (as it had been requested inter alia by the UN Fact Finding Mission on The Gaza Conflict, whose Report issued in September 2009 was endorsed by the UN, the European Parliament and a number of other international bodies). However, the OTP’s deliberation process was utterly disappointing at that time: it lasted over three years and was concluded by a mere two-pages decision in April 2012, that effectively deferred the question to a host...

[Jelia Sane is studying for the English Bar at City University, London. She holds an LLM in Public International Law from University College London and has previously interned at the ICC, the Centre for Justice and International Law, and the Extraordinary Chambers in the Courts of Cambodia.] The unanimous acquittal and subsequent release of Mathieu Ngudjolo Chui by Trial Chamber II of the International Criminal Court (ICC) on 18 December 2012 was a shock and disappointment to those following the work of the Court and development of international criminal justice....

...very limited knowledge of the Rome Statute, the practices and procedures of the Court and its jurisprudence’ despite having a LL.M degree in International Criminal Law. The Gambia’s Raymond Claudius Sock, a Judge of the Supreme Court of The Gambia since 2012 and a former Acting Chief Justice and former Minister of Justice and Attorney-General was deemed only formally qualified because ‘based on his answers … [he] has very limited knowledge of the Rome Statute and the jurisprudence of the International Criminal Court’. It is interesting to note that Sock...

of a master’s or J.D. degree by the beginning of the Fellowship (Summer – Fall 2012) or be currently enrolled in a Ph.D. program. Applicants must also have at least two years of work experience in public policy-related fields. The Application for the Fulbright Public Policy Fellowship opened on November 4, 2011. Applicants must complete and submit the Fulbright U.S. Student Application including the supplemental Fulbright Public Policy Fellowship section by February 1, 2012. Departure for assignments will begin in Summer – Fall 2012. To access an application go here....

...Shavit stated: "Israel is a lawful country that does not enforce its laws." In June 2012, Dan Halutz, former chief of staff of the Israeli Army, also said that the Netanyahu government isn't serious about stopping settler violence, stating: "If we wanted, we could catch them [settlers who are attacking Palestinians] and when we want to, we will." In March 2012, the Guardian newspaper reported that senior European Union officials had drafted a confidential report concluding that Jewish settlers are engaged in a systematic and growing campaign of violence against...

...our main arguments. Defence of D uress On duress, we agreed with the Trial Chamber’s (TC) finding in the conviction decision that this defence is unavailable to Ongwen, who argued he was under a continued threat of imminent death and serious bodily harm from LRA founder Joseph Kony and his controlling, military apparatus. The TC found that Ongwen was unable to rely on duress as a ground for excluding criminal responsibility under Article 31(1)(d) of the Rome Statute as he had failed to show he was under an imminent and...

Following up on Julian’s post below, Uganda has announced that the ICC has agreed not to prosecute the five LRA leaders, including Joseph Kony, as long as the final agreement reached between the government and the LRA does not “condone impunity.” Interestingly, Uganda also claims that it only initiated peace talks with the LRA because it could not find a partner in the international community to help it arrest Kony and the other leaders: Kagoda said: “We approached an international peace keeping force to arrest Kony and his commanders but...