Search: kony 2012

...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...

...acquitted by the Spanish Supreme Court in 2012. In that Judgement (No. 101/2012), the Supreme Court confirmed that the crimes of the Franco regime could not be prosecuted in Spain. Following a rigid and domestic-centered interpretation of the principle of legality, the Supreme Court of Spain established that since Spanish legislation did not encompass crimes against humanity at the time of commission, this qualification could not be applied to the alleged conducts, irrespective of its recognition in international law. Furthermore, the Court affirmed that the nature of crimes against humanity...

...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...

...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...

...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...

...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...

...of history and international law that underpins them. The 89 pages of the Levy Report, released on 9 July 2012 by a special committee appointed in late January 2012 by PM Netanyahu to investigate whether the Israeli presence in the West Bank is to be considered an occupation or not, clarified that “with the establishment of the United Nations in 1945, the principle of recognizing the validity of existing rights of states acquired under various mandates, including of course the rights of Jews to settle in the Land of Israel...

...been a step in the right direction, the capacity of the Libyan legal system to deliver justice remains weak. In its February 2012 report, the United Nations International Commission of Inquiry on Libya stated that Libya was marred by widespread human rights abuses and brutal repression under Muammar Gaddafi’s decades of autocratic rule. It is against this background of impunity that the call for rule of law and reforms in the justice system needs to be assessed. Members of the legal and judicial sectors played a decisive role in the...

...the criminal offenses committed (or alleged to have been committed) by diplomats. Here’s how the BBC summarizes that sort of bad diplomatic behavior from 2012: [T]he Foreign Office was informed of 12 “serious offences” committed by people with diplomatic immunity in 2012. These are defined as offences which could carry 12 months or more in prison, as well as drink-driving and driving without insurance. He said 10 of the alleged offences were driving-related, including six for drink-driving – three by Russians. The non-driving offences alleged were abuse of a domestic...

...at the Grotius Center of Leiden University on November 16, 2012. He then repeated it at the New York City Bar Association on November 29, 2012, where it also appeared as a talking point on his slide. I was present on both occasions. My notes state that he said "the Administration's policy is not to defeat the object and purpose of the Rome Statute," which is somewhat weaker than I may have suggested in my original posting (mea culpa). Yes, the Bush administration's note made clear that the US didn't...

Chevron strikes back, and the pro-Ecuador NGOs are not happy about it. WASHINGTON, Feb. 17, 2012 /PRNewswire via COMTEX/ — An “order” issued Thursday from a private investor arbitration panel purporting to freeze a nine-year environmental litigation against Chevron in Ecuador violates international law and will have little or no impact on any potential enforcement action against the oil giant in countries around the world, said representatives of the plaintiffs. The latest move by the three-person investor arbitration panel, issued after a secret, closed-door hearing over the weekend that barred...

It is a draft platform, but these parts of the 2012 GOP Platform are certainly interesting. It appears to have strong language in favor of “American Exceptionalism” and American sovereignty. Under our Constitution, treaties become the law of the land. So it is all the more important that the Congress — the senate through its ratifying power and the House through its appropriating power — shall reject agreements whose long-range impact on the American family is ominous or unclear. These include the U.N. Convention on Women’s Rights, the Convention on...