Search: kony 2012
21 Nov Complementarity in Uganda
should go ahead, as well as to decide if they can be prosecuted in Uganda’s proposed special court – which was reportedly established after LRA leader Joseph Kony refused to face trial in The Hague. However, analysts point out that Uganda’s lack of legislation to prosecute war crimes is a clear obstacle to putting Kony and his men on trial in the country. At the centre of the matter lies a bill that has been languishing in Uganda’s parliament since 2004. The legislation proposes to make the crimes of the...23 Nov Does Libya Have to Surrender Saif to the ICC? (Answer: Yes)
...admissibility challenge was brought to the ICC in the case of Joseph Kony (who, of course has/had not been detained). My understanding is that ICC Pre-Trial Chamber II ruled on the basis of admissibility in the Kony case pursuant to Article 19. Mark Kersten Also, just to muddy the waters a bit more, at this point it's not clear that Saif al-Islam is in "custody" of Libya and it isn't even known whether Senussi was detained at all. Saif is in the custody of Zintan rebels, not the NTC and...05 Aug The Primary Reason Why Libya’s Admissibility Challenge Must Fail
...May 2012, Dr. Gehani confirmed that the Zintan brigade remained unwilling to transfer Mr. Gaddafi to Tripoli, and on 2 July 2012, the Commander of the Zintan brigade confirmed this stance. 361. Article 17(3) of the Statute expressly lists the inability of the State to obtain custody of the defendant as grounds for declaring the case to be admissible before the ICC. In the Kony et al. case, the Pre-Trial Chamber’s confirmation of the admissibility of the case was predicated on a statement from Uganda that although the judiciary was...
27 Jul Holding Transnational Corporations Accountable for International Crimes in Syria: Update on the Developments in the Lafarge Case (Part I)
...between 2012 and 2014. While this decision is currently the subject of an appeal before France’s Supreme Court, the Appeals Court upheld the three other charges against the corporation for deliberately endangering the lives of its Syrian workers, financing a terrorist enterprise, and violating an embargo. A parent company is currently being criminally charged for illegal activities that took place abroad through its subsidiary and under the executive leadership of the company’s Parisian headquarters. Lafarge’s indictment is the first of its kind in France and represents an unprecedented step forward...13 Apr Law and Ethics for Autonomous Weapon Systems
...well as a number of publicity initiatives that (I think I can say pretty neutrally) seem as much drawn from sci-fi and pop culture as anything. It plans to launch this global campaign at an event at the House of Commons in London later in April. The other was the Department of Defense Directive, “Autonomy in Weapon Systems” (3000.09, November 21, 2012). The Directive establishes DOD policy and “assigns responsibilities for the development and use of autonomous and semi-autonomous functions in weapon systems … [and] establishes guidelines designed to minimize...04 Jan East China Sea dispute: what is the Role of International Law?
...Last week, Korea made a partial submission to the Commission seeking to identify the outer limits of Korea’s continental shelf, which, unsurprisingly, overlap with China’s claim. The map here is illustrative. Moreover, in a note dated December 28, 2012, Japan asked the Commission not to consider China’s submission because the distance between the coasts in the area covered by the submission is less than 400 nautical miles, and pursuant to UNCLOS Article 83, the delimitation must be effected by agreement of the parties. As a result, Japan is maintaining its...16 Oct Guest Post: Removing the cloak of immunity – the Director of Public Prosecutions for England and Wales accepts no immunity from criminal investigation into torture
...Bahrain, in torturing persons involved in the political protests in Bahrain in April 2011. Unfortunately, since the DPP withdrew from the case just prior to the court hearing there does not appear to be a final judgement, only this 2013 directions hearing judgement which sets out the parties’ submissions. As background, FF took part in Bahraini political protests in February and March 2011 which resulted in him being allegedly badly beaten by police and held without charge. In July 2012 a dossier prepared by the European Center for Constitutional and...
02 Aug Al Hassan: The International Criminal Court’s First Judgment on Gender Persecution (Part 1)
...case in which a charge of gender-based persecution went to trial. In this post, we explain what the Majority and separate judgments found regarding gender-based persecution, and offer some initial reflections and critique. We begin with the lived experience of women in Mali under jihadists’ rule, before turning to the proceedings in The Hague. On 6 October 2012, more than one hundred women and one imam gathered in Timbuktu, Mali, to protest against the two jihadist groups that had taken control of the city and surrounds six months before: Ansar...
06 May Some Thoughts on Baralija v. Bosnia and Herzegovina: An Expected Legal Development or a Hail Mary?
...the Federation of BiH that is mostly inhabited by Croats and Bosniacs. The specific electoral provisions for Mostar were challenged domestically, with the Constitutional Court finding in 2010 that they were indeed unconstitutional and ordering the House of Peoples to amend them within six months of the publication of its decision in the Official Gazette. The Election Act was not amended, so in 2012 the Constitutional Court adopted a ruling on the non-enforcement of its 2010 decision, finding that the relevant provisions would cease having legal effect. Thus, local elections...12 Mar YLS Sale Symposium: ‘Stopping the Boats’–Australia’s Appalling Example to the World
...and Malaysia, in 2012 the Labor Government responded to political pressure from the Coalition and reintroduced the Pacific Solution detention arrangements in Nauru and Papua New Guinea (PNG). Not only did this fail to be the “circuit breaker” Labor wanted, asylum seeker arrivals increased to record levels (25,173 In the year to 30 June 2013), exceeding the capacity of the detention centres in Nauru, PNG and Australia. Processing of asylum claims was slowed considerably, hundreds of Sri Lankan boat arrivals were returned without a refugee status determination process and work...