Search: kony 2012
09 Feb Guilty on 61 Counts – What the Ongwen Verdict Indicates about the Limitations of Individual Criminal Responsibility for Mass Atrocities
...commit, such as the abductions of women and children (Ongwen Judgment, paras. 3097, 3113). Furthermore, intercepted radio communications indicated that Ongwen had personally communicated the results of particular attacks to Kony and the LRA leadership (Ibid., paras. 2911, 3010) and that the defendant had taken responsibility for some of those attacks (Ibid., para. 2963). Based on all of the available information the judges concluded that Ongwen’s actions were of such nature that they ‘could only have been undertaken intentionally’ (Ibid., para. 2865, emphasis added). Overall, the analysis of the judges’...10 Apr Will the ICC Blink on Uganda?
The long-awaited peace deal in Uganda may finally get done, according to this NYT report. But the ICC problem is not going away, since Kony is saying he will sign, but not implement the deal unless his arrest warrant is lifted. And although the ICC is talking tough, it is also showing signs they are preparing for a climbdown, at least its judges are considering it perhaps. “The I.C.C.’s position has been over and over again that the indictments stand and they are valid,” said Maria Mabinty Kamara, a public...
05 Jun Symposium on Reproductive Violence in International Law: A New Era of Accountability for Reproductive Violence at the ICC?
...in the context of the development of a Policy on Slavery Crimes. Additionally, charges of reproductive violence feature in the document containing the charges against LRA founder and leader Joseph Kony, issued earlier this year. Reproductive crimes were until recently relatively inconspicuous in international criminal law and were generally subsumed under the category of sexual violence, thereby neglecting the specific harm they inflict: the violation of an individual’s reproductive autonomy. This aspect was underscored by the Ongwen Trial Chamber which found that the evil committed by the crime of forced...04 Nov Complementarity in Crisis: Uganda, Alternative Justice, and the International Criminal Court
[Alexander K.A. Greenawalt is an Associate Professor at Pace University School of Law] Let me start by thanking Opinio Juris and the Virginia Journal of International Law for hosting this online symposium. I am also honored that Mark Drumbl has graciously agreed to be my respondent. In 2005, the International Criminal Court issued warrants for the arrest of Joseph Kony, the leader of Uganda’s murderous Lord’s Resistance Army, as well as four other high-level LRA suspects (two of whom reportedly have since died) to answer charges of crimes against humanity...16 Nov MJIL Symposium: A Response to Mary Crock and Susan Kneebone by Michelle Foster
...asylum seekers from Australia to Nauru given that the Australian government is determined to maintain the position that once transferred, asylum seekers will be the responsibility of Nauru alone. This position has been said by both the Australian and Nauruan governments to be supported by the recent passage of the Refugees Convention Act 2012 (Nauru)- an Act that for the first time in Nauruan law establishes a system of refugee status determination, including merits and judicial review. Notwithstanding this, there is reason to believe, as does Crock, that ‘the entire...19 Apr Who Owns the .Amazon? (And How Many Kindles Would You Pay For It?)
The Amazon is a 7,000,000 km2 ecosystem, containing the world’s largest rainforest, boasting some 390 billion trees, 2.5 million species of insects and over 2,000 species of birds and mammals, spanning the territories of eight states (Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname, and Venezuela). It is also the name of a company worth 810 billion dollars. Back in 2012, Amazon – the company – applied to register the Internet generic top level domain (gTLD) “.amazon”, before the Internet Company for Assigned Names and Numbers – ICANN, the US non-profit...
03 Oct The ICC State Parties’ Presidency of the UN Security Council: A Momentous Opportunity to Provide the Limbless Giant with Limbs to Walk and Work
...the UNSC. At other times, where the ICC States parties are in the minority at the UNSC, a more passive attitude towards the ICC and international accountability has prevailed. Moreover, it is important for States parties within the UNSC to enhance and maximize their presence at the Presidency of the Council. Such a position bestows a great opportunity to promote and advance international justice and accountability on the UNSC agenda. For example, in January 2012, it was under the South African presidency, that the UN High Commissioner for Human Rights,...
29 Sep On the Anvil: The Netherlands v. Syrian Arab Republic at the International Court of Justice?
...genuine attempts at negotiation, which had failed, prior to approaching the court. In the Judgment of 20 July 2012 in Questions Relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal) – dealing squarely with CAT – the ICJ examined the next step specific to this convention, arbitration. The court held that two requests for arbitration made by Belgium that were ignored by Senegal would fulfill the criteria for failure to “organize the arbitration”. Therefore, it is not necessary that the arbitration actually has to be undertaken – but...15 Jan What Are International Law’s “Must Reads” from the Past Decade?
...built on the assumption that international law is expanding, becoming more institutionally complex, and deepening. But is the proliferation of law and institutions also leading to legal fragmentation? This has been a much-debated topic since at least the 1990’s. The ILC’s report, finalized by Martti Koskenniemi and the related study, have been much-debated and remain key resources in thinking-through this important topic. The Oxford Guide to Treaties (Duncan Hollis, ed.) (Oxford 2012) At the risk of being accused of cheering for the home team, I want to note this volume...
13 Nov The Spanish Rapper Extradition Case Before a Belgian Court Fires up the Legal Discussion on Freedom of Expression and Other Fundamental Rights
...States of the European Union has sharpened the discussion about freedom of expression and an overly broad interpretation of the term “terrorism”. In 2012, Mallorcan rapper Valtònyc, real name Josep Arenas Beltran, was arrested at the age of 18 for the content of some rap songs he posted on YouTube and sang during performances. He was released again awaiting prosecution, and five years later, he was sentenced to 3,5 years imprisonment for these lyrics. In his songs he mocked the Spanish Royal Family, he referred to violent Grapo and Eta...