Search: kony 2012

...to provide: when exactly can reduction of punishment constitute impunity and when can it not. Hence, for the Court, peace negotiations to end conflict would indeed constitute a “clearly identifiable objective compatible with the American Convention” that warrants a softening of proportionality. This conclusion has been gaining traction in the Court’s jurisprudence, particularly thanks to the Colombian experience with the FARC. For example, in the 2012 El Mozote v. El Salvador case, not very long after the initiation of negotiations with the FARC, five judges appended a Concurring Opinion, very...

...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...

...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...

...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...

...in 2012, however, that the question of standing was addressed by the Court directly, affirming in Obligation to Prosecute or Extradite that all states – including Belgium, a non-injured state – had a legal interest in ensuring Senegal’s compliance with the Convention Against Torture 1984. This trend is reflected most clearly in Article 48 of the ILC’s Articles on the Responsibility of States for Internationally Wrongful Acts 2001 (ARSIWA), a progressive development of the law in which, instead of diluting the definition of an injured state, the ILC ultimately chose...

...and timelines for carrying out preliminary examinations. While this flexibility is necessary to maintain the independence of the OTP and accommodate the breadth of situations that may come under the court’s jurisdiction, the OTP’s activities have delivered mixed results. We spoke to over 30 organisations in 13 countries that have been directly involved in preliminary examination activities during Prosecutor Bensoudas’ term (June 2012-June 2021). These countries were Afghanistan, Bangladesh, Burundi, Colombia, Georgia, Guinea, Israel, Mali, Mexico, Myanmar, Palestine, Ukraine, and Venezuela. We also consulted with other legal professionals who either...

...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...

The ICJ has asked us to post the following job announcement for law clerks at the ICJ — which are, needless to say, among the very best positions available to a young international lawyer. Vacancy announcement Date of issuance: 8 February 2012 Deadline for applications: 10 April 2012 Post title: Law Clerk to Judges of the Court (Associate Legal Officer) (2 positions) Grade: P-2 Vacancy Announcement Number: 2012-02 Duty Station: International Court of Justice, The Hague, Netherlands Organizational unit: Department of Legal Matters Indicative minimum net annual remuneration (including post...

...and arguably, not entirely applicable to the information being discussed in this case. The confident assertion by Facebook that the information required extends to 2012, and thus “…involve activity wholly unrelated to the atrocities at issue” is also problematic (page 11). In fact, the human rights impact assessment of Facebook’s actions in Myanmar clearly indicates that there were complaints from civil society “going back to 2012”. It is no coincidence that the temporal scope of the UN FFM, as well as the Independent Investigative Mechanism for Myanmar (IIMM) commence from...

...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...

...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...

...Lawof 2011/2012, which the Constitutional Council (D. 2012-647 DC) declared unconstitutional based on the understanding that the provision was not ‘normative’, meaning it was not drafted in a manner safeguarding that the law expressed the volonté générale and arbitrarily singled-out a few incidents of genocide (those recognized by the French legislature) to grant them a surplus of legal protection employing the means and methods of criminal law. Contrariwise, the Belgian parliament, which recognized the Armenian Genocide in 1998/2015, despite the 2004-2005 and 2015 initiatives, decided not to extend its law...