Search: kony 2012
20 May Political Recognitions of Genocides avant la lettre: the Case of the Armenian Genocide
...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...
23 Nov The Revival of Criminal Prosecution of Francoism Crimes in Spain: A New Opportunity for Hope?
...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...
28 Aug Minding the Gap, Properly: Conflict Classification, Protected Persons, and What the Geneva Conventions Already Require (Part II) – A Reply to Alexandria Virginski
...treatment, adequate food and medical care, freedom from coercive interrogation, family contact, and independent ICRC monitoring regardless of classification. We agree with the substance, but it is presented as an idea without a history it in fact has. Related efforts were undertaken first through the Copenhagen Process on the Handling of Detainees in International Military Operations, a five-year, State-led effort that concluded in October 2012 with participating States “welcoming” a set of non-binding principles and guidelines – an outcome showing that States recognised the problem but could not agree on...12 Mar YLS Sale Symposium: ‘Stopping the Boats’–Australia’s Appalling Example to the World
...and Malaysia, in 2012 the Labor Government responded to political pressure from the Coalition and reintroduced the Pacific Solution detention arrangements in Nauru and Papua New Guinea (PNG). Not only did this fail to be the “circuit breaker” Labor wanted, asylum seeker arrivals increased to record levels (25,173 In the year to 30 June 2013), exceeding the capacity of the detention centres in Nauru, PNG and Australia. Processing of asylum claims was slowed considerably, hundreds of Sri Lankan boat arrivals were returned without a refugee status determination process and work...
06 May Some Thoughts on Baralija v. Bosnia and Herzegovina: An Expected Legal Development or a Hail Mary?
...the Federation of BiH that is mostly inhabited by Croats and Bosniacs. The specific electoral provisions for Mostar were challenged domestically, with the Constitutional Court finding in 2010 that they were indeed unconstitutional and ordering the House of Peoples to amend them within six months of the publication of its decision in the Official Gazette. The Election Act was not amended, so in 2012 the Constitutional Court adopted a ruling on the non-enforcement of its 2010 decision, finding that the relevant provisions would cease having legal effect. Thus, local elections...
02 Aug Al Hassan: The International Criminal Court’s First Judgment on Gender Persecution (Part 1)
...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...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...