Search: kony 2012
06 Aug Uganda Says ICC Willing to Lift Indictments
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...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...
04 May Symposium in Pursuit of Intersectional Justice at the International Criminal Court: Group Four – Applying a Gender Analysis to the Defence of Duress and to Sexual Violence Evidence in the ICC Ongwen Case
...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...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...
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...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...14 Jun What do Appropriate Due Diligence Measures for Nonstate and Substate Partners Look Like? Part II: A Sample of US Practice in Iraq, Syria, and Afghanistan
...these mechanisms was to try to prevent or deter partner forces from committing atrocities or gross violations of human rights, and thus they provide some concrete examples of what measures or mechanisms might be considered as potential due diligence practices. Syria There were a number of different iterations of US support to nonstate armed groups in Syria from 2012 to the present, both lethal and non-lethal in the form of assistance, covert and overt in status, and with groups fighting under either anti-Assad or anti-ISIL banners. All involved mechanisms or...07 Jan Recent Developments in Official Act Immunity
[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 immunity matters. The views expressed here are his own and do not necessarily reflect the views of the State Department or of the United States.] The Fourth Circuit’s November 2, 2012 decision in Yousuf v. Samantar has generated discussion by Professor...
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...