Search: kony 2012

...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...

...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...

[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...

...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...

...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...

...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...

[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,...

...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...

...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...

...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...

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...

...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...