Search: kony 2012

...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...

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...

...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...

...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...

...well known to most OJ readers. I think the issue of corporate liability should be governed by international law and that the strict standards for recognizing an actionable norm under the Court’s prior decision in Sosa precludes recognizing an ATS cause of action against corporations. I joined a great amicus brief saying basically that in the original Kiobel case back in 2012. I have also recognized, however, that this is pretty formalistic argument that is unusually unattractive to most observers. Still, the international norms haven’t really changed since 2012. Plaintiffs...

[William S. Dodge is Professor of Law and Associate Dean for Research at the University of California, Hastings College of the Law. From August 2011 to July 2012, he served as Counselor on International Law to the Legal Adviser at the U.S. Department of State, where he worked on the amicus brief of the United States to the Fourth Circuit in Yousuf v. Samantar. The views expressed here are his own and do not necessarily reflect the views of the State Department or of the United States.] On November 2,...

...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...

...national nomination stages. In 2012, Judge Julia Sebutinde made history as the fourth woman to be elected to the bench of the ICJ in over 60 years of the Court’s existence. Sebutinde’s election was remarkable for reasons beyond her gender: she was also the first woman from the African continent to be elected to the ICJ, compared to the 14 African male judges who sat on that court before her. As an international judge, Sebutinde’s appointment signaled the intersections of race, gender, geographical location, and other intersectional identities that women...

...less than a week away, we’re very excited to announce our first three ASIL IDEAS talks. Here are the descriptions: Thursday, March 29, 2012 11:00 am – 11:30 am Roosevelt Speaker: Rebecca MacKinnon, Global Voices; New America Foundation Topic: Consent of the Networked: The Worldwide Struggle for Internet Freedom “A global struggle for control of the Internet is now underway,” argues Rebecca MacKinnon, Bernard L. Schwartz Senior Fellow at the New America Foundation. For MacKinnon, who conducts research, writing and advocacy on global Internet policy, free expression, and the impact...

...exactly what Haile Selassie or others sought to achieve in engaging with the UNWCC through Ethiopia’s Swedish legal adviser, Erik Leijonhufvud (Donaldson 2022) (recent oral history interviews might assume too much concern with prosecutions in the larger scheme of postwar diplomacy (e.g. Imru Zelleke 2012, 16–17)). Debates in London Ethiopian efforts to submit cases to the UNWCC gave rise to a preliminary question: was the Italo-Ethiopian conflict even within the UNWCC’s jurisdiction? Though China had been keen to ensure Manchuria could be considered, the UNWCC’s assumed focus had been 1939...

...understandable: not only is the footage of the offending conduct barely comprehensible, but the particulars of the charge are not accessible to the mainstream English speaking media. So, because (or perhaps in spite) of the fact that few legal commentators know how the prosecution case was put, the most interesting questions have not yet been asked. One person started asking before the sentence was passed. In her article “The Pussy Riot Act” (The St Petersburg Times on 8 August 2012), Michele A. Berdy provided a translation of the indictment for...

...the same, and states continued celebrating when they were the top receivers of FDI in their regions. This was indisputably a good signal for private and public actors.  This ‘quantitative’ model has not been a success, however. In the last three decades, the contribution of FDI to sustainable development remains debatable. For one, positive spillover effects depend on several factors, while these capital flows can also have negative implications, such as crowding out domestic firms (Colen et al 2012). The relationship between FDI and inequality can also be problematic (Piketty...