Search: kony 2012
14 Aug Guest Post: Are States Injured by Whaling in the Antarctic?
...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...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...
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...
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)...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...16 Nov The Legality of Pardons in Latin America (Part I)
...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...
24 Aug The Latin American Approach to FDI Law and Policy: An Outdated, Biased Vision Remains on Board
...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...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...03 Nov Making Sense of the Fourth Circuit’s Decision in Samantar
[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,...22 Mar Inaugurating ASIL IDEAS
...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...