Search: kony 2012

...would inevitably be crafted under R2P. In contrast to Libya, the Security Council explicitly avoided R2P language in its early communications on Syria. Its March 2012 press statement called upon the parties to work with the international community, which hints at, but ultimately avoids any reference to R2P’s Second Pillar. In its May 2012 press statement, the Council condemned the Syrian government for attacking civilians without any mention of the state’s responsibility and effectively closed the discussion by reiterating the principle of sovereignty. R2P language finally emerged in Council communications...

...the definitions of autonomy and automation, I included in the bibliography a very useful article appearing in 2013 from William Marra and Sonia McNeil, “Understanding ‘The Loop’: Regulating the Next Generation of War Machines,” 36 Harvard Journal of Law and Public Policy 3 (2013), which also appeared as a working paper in the Lawfare Research Paper Series 1-2012. That’s quite a flurry of activity. I’ll also add to the list an article on December 3, 2012 in the Guardian by the prominent artificial intelligence scientist Noel Sharkey, who has been...

...signature on December 31, 2000.” Koh has now orally negated the Bolton note by remarks he made that the Administration’s policy is not to defeat the object and purpose of the Rome Statute. He stated this at N.Y.U.’s Center for Global Affairs on October 27, 2010, the Grotius Center of Leiden University on November 16, 2012, and the New York City Bar Association on November 26, 2012. The Bolton 2002 note did not in fact withdraw the U.S.’s signature because there is no provision in the Vienna Convention for removing...

...by virtue of his key role in the Islamic Police and his involvement in Ansar Dine/AQIM’s imposition and promotion of the rules and measures and in the system of surveillance and punishment, including in multiple instances of violent and public punishments, Mr Al Hassan meaningfully contributed to Ansar Dine/AQIM’s campaign targeting the civilian population on religious and gender grounds. As such, the Majority is satisfied that Mr Al Hassan’s conduct contributed to the commission of the crime of persecution by members of Ansar Dine/AQIM in Timbuktu in 2012-2013. 1735. Regarding...

...Mahdi Al Faqi to the ICC however, challenges us to rethink our conception of war crimes to include the broader, but often forgotten concept of cultural destruction. It also serves as a positive example of domestic cooperation with the Court as it was Niger who transferred Mr Al Faqi to the Court. Mr Al Faqi is suspected under Article 8 (2) (e) (iv) ‘of committing war crimes in Timbuktu between 30th June and 10th July 2012, through ‘intentionally directing attacks against buildings dedicated to religion and or historical monuments’. Specifically,...

...be practiced with the help of elders as “conciliators,” whose practice of mediation was highly evaluative or “didactic.” Commercial mediation was practiced for a long time by judges who, partly in response to high caseloads, would switch roles from judge to mediator in order to accelerate resolution of cases. In contemporary China, the birth of modern commercial mediation can be traced to the years immediately preceding the 2012 amendment to the Civil Procedural Law. Article 122 states that in any civil case, unless the parties refuse, an attempt must be...

The Permanent Court of Arbitration (PCA) recently released its 2012 annual report, which documents its remarkable institutional transformation. Established in 1899, the PCA is an intergovernmental organization based in the Peace Palace in The Hague. Although it has a long and interesting history, including housing the Iran – U.S. Claims Tribunal for a number of years, over the last 12 years the PCA has seen its workload and subject matter scope increase exponentially. As Secretary General of the PCA, Hugo Siblesz, noted in a speech in February: “As of this...

Ah, the 2012 National Defense Authorization Act… has any defense spending bill had so much defense-related legal policy embedded in it? In addition to all the very important stuff about military detentions, it turns out the NDAA also authorizes the U.S. military to engage in offensive cyber-attacks (h/t Gary Schmitt). Congress affirms that the Department of Defense has the capability, and upon direction by the President may conduct offensive operations in cyberspace to defend our Nation, allies and interests. The act further clarifies that such actions should be subject to...

...conduct in proceedings before the ICC. The OPCD has been unable to identify any provision of the Rome Statute in support of that contention, which is erroneous. Libya has made no secret of the fact that its national proceedings are broader in scope than those before the Court…. Since the filing of the 1 May 2012 Admissibility Challenge, entirely separate criminal proceedings have also been brought against Mr Gaddafi arising from alleged breaches of national security taking place during the June 2012 visit of OPCD counsel to Zintan. Second, echoing...

...African organizations are typically short lived. For example, ECOWAS applied sanctions against Mali’s leaders in April 2012, and lifted them a few months later, in August 2012. Relatedly, regional organizations have been much quicker to threaten sanctions in deteriorating political situations, and use them as a tool to keep the dialogue going in times of instability. Although the track record is too short to indicate definite trends, it appears that sanctions by regional bodies have been more nimble and responsive to situations on the ground. Nonetheless, regional organizations have encountered...

...in its 2012 report on Colombia that some paramilitaries may benefit from the sentences of 5 to 8 years imprisonment if convicted of genocide, crimes against humanity, war crimes provided they demobilize. The matter is further complicated by the ICC’s capacity to frustrate the ongoing peace negotiations between the government and the FARC guerrillas. These talks aim at ending a conflict disrupting the country for over fifty years. The issue of sentencing in Colombia illustrates the difficulties the Court faces in applying the principle of complementarity in practice. What are...

...in Rakhine State? Little was done to improve the lives of those who had stayed behind. They remain stuck in the brutal and dehumanising Apartheid state that has confined them to a squalid ghetto-like existence since the breakout of large-scale violence in 2012, where access to healthcare, education, and livelihoods is a daily struggle. Even today this Apartheid state, coupled with severe and arbitrary restrictions of movement, continues to provide a perfect framework for genocidal acts. In 2020, after two long years of violent conflict between the military and the...