Search: kony 2012
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...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...22 Feb Uganda and LRA Agree to Domestic War Crimes Court
...in the High Court of Uganda while those accused of lesser crimes would face the northern Uganda traditional justice system know as Mato OPut. Uganda’s government seems to believe that it can get the ICC arrest warrants withdrawn against key LRA leaders. As its minister of state for defense says: “First of all it is Uganda which approached the ICC to help in getting Kony and his commanders because Uganda could not reach Kony because he was outside Uganda’s jurisdiction. We are hoping that if Kony and his commanders decided...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...14 Dec Limiting Climate Change: Who is going to pay?
...are they commitments that will last beyond 2012. The UN and other respected independent sources estimate that €55-80 billion in additional international financing is needed annually over the period 2012- 2020 to curb emissions in developing countries, and an additional €10-20 billion annually for adaptation, for a total of €65-100 billion annually. Much of the needed finance—perhaps €50-70 billion annually—will have to come from public sources, including bilateral ODA, domestic emissions allowance auctions, World Bank and other multilateral programs, and international levies on marine and aviation sectors and perhaps a...27 Sep HILJ Symposium: Ozan Varol Responds
...L. Rev. (forthcoming 2012). William Partlett’s response expands on these theoretical questions and places them within the concrete context of post-communist Europe and, most recently, Egypt. For example, Partlett notes the role that the Supreme Constitutional Court and the military have played in curbing the rise of political Islam in Egypt. I largely agree with Partlett’s observations, but I would argue that the military’s actions are best understood, not as an ideological reaction to political Islam, but through a self-interest paradigm. In fact, in the immediate aftermath of the 2011...
07 May A Truth Commission is Established in Spain: An Important Step Towards Filling the Truth and Reconciliation Gap after the Civil War and the Franco Dictatorship
...opening of an investigation (A/HRC/27/56/Add.1, para. 76). Even more, it led to the prosecution of a judge who deemed the 1977 Amnesty Law not applicable to crimes against humanity (CAH) (see here). Back in 2012 the Spanish Supreme Court in the 101/2012 judgement found that crimes committed during the Dictatorship could not be prosecuted in light of the Amnesty Law, their prescription and the principle of legality. In October 2022 a new avenue for accountability seemed to open when the Ley de Memoria Democrática (Law 20/2022 of 19 October 2022)...
14 Apr ICC Prosecutor Symposium: Wanted–International Prosecutor to Deliver Justice Successfully Across Multiple Complex Situations with Inadequate Resources
...atrocity investigations in Western Europe and North America, including the 1988 Lockerbie plane bombing, the 1995 Oklahoma City bombing, the 2005 London train bombings, the shooting down of MH17 in 2014 and the 2015 Paris attacks. The situation was much worse when Prosecutor Fatou Bensouda took office in 2012. A lack of resources at that time forced the OTP to take a ‘stop-go’ approach to preliminary examinations because there were not enough staff to work on them simultaneously. Resources for investigations were so low that a rotational model had to...