Search: kony 2012
15 Oct Don’t Cry for the World’s Greatest Sovereign Deadbeat
...commercial court in Accra has refused Argentina’s effort to lift an injunction preventing ARA Libertad from leaving Ghana, holding that Argentina’s bonds waived applicable sovereign immunity defenses. Indeed, most courts seem to have agreed that Argentina has indeed waived its immunity defenses. Here is an excerpt of their waiver, as described in a recent U.S. Court of Appeals for the Second Circuit decision: (E.M. Ltd. V. Republic of Argentina (2d Cir. Aug. 20, 2012) To the extent the Republic [of Argentina] or any of its revenues, assets or properties shall...
26 Oct Is Immunity for Killing Two Indian Fishermen Justified? Curious Case of “Enrica Lexie”
[ Atul Alexander is an Assistant Professor of Law at the The WB National University of Juridical Sciences.] On 2nd July 2020, the Permanent of Court of Arbitration (PCA) had put out a six-page Award (extracts for advanced publication) on the 2012 Enrica Lexie incident. To put it in perspective the Enrica Lexie case arose in the backdrop of two Italian tankers flying the Italian flag, 20.5 nautical miles from the coast of Kerala, opened fired at a fishing boat named St. Antony on the mistaking it as a pirate...31 Dec President’s Signing Statement on National Defense Authorization Act
...the “National Defense Authorization Act for Fiscal Year 2012.” I have signed the Act chiefly because it authorizes funding for the defense of the United States and its interests abroad, crucial services for service members and their families, and vital national security programs that must be renewed. In hundreds of separate sections totaling over 500 pages, the Act also contains critical Administration initiatives to control the spiraling health care costs of the Department of Defense (DoD), to develop counterterrorism initiatives abroad, to build the security capacity of key partners, to...
20 Aug States of Justice Symposium: International Justice as Political Strategy
...on all sides ‘to protect the Court’s integrity and to ensure that all who were caught in the crossfire of the conflict are protected’ and criticised the exemption of non-member states of the ICC, except Libyans, from investigation in terms of res 1970. In response to South Africa’s experiences in the UNSC, the country’s ruling African National Congress (ANC) resolved in its 2012 conference that: Much as the ANC does not condone impunity, authoritarian and violent regimes, it is concerned about the perception of selective prosecution of Africans and urges...
07 May Reassuring the Inviolability of Diplomatic Premises: Worrying Trends from Ecuador to Syria
...two decades in prosecuting the “War on Terror” against non-state actors. In the 2014 air campaign against ISIL, the United States endorsed the “unwilling or unable” doctrine of self-defence, in which action against a non-state threat is permissible so long as the state in which the non-state actor resides is either “unwilling” or “unable” to suppress the threat without external intervention. In 2012, Sir Daniel Bethlehem encapsulated these operational standards in a series of principles that has come to be known as the “Bethlehem Doctrine.” It states that the imminence...19 Dec Bali High?
[Dan Bodansky is the Associate Dean for Faculty Development and Emily and Ernest Woodruff Chair in International Law at the University of Georgia Law School and a leading expert on climate change regulation. He participated in the Bali meeting and contributed this report to Opinio Juris.] Only in the context of the climate negotiations could Bali be considered a “breakthrough,” as the press is reporting. In the past year, concerns about climate change have led to Nobel prizes, Academy Awards, and changes in governments; but the UNFCCC...17 Nov The Legality of Pardons in Latin America (Part II)
...part of international criminal law as retribution, and it will likely constitute another crossroads for the Court in the near future. In 2012, the United Nations High Commissioner for Human Rights (E/2012/51) explored “whether the continued incarceration of older persons is a disproportionately severe punishment”, stating that “[c]onsidering the purposes of punishment –retribution, incapacitation, deterrence, and rehabilitation- there may be little justification for many older persons’ continued incarceration in the prison system in certain instances” and that “alternative forms of punishment may be preferable based on the financial, practical, and...
17 Apr Strategies for Appealing the Afghanistan Decision
...of Kenya against the ‘Decision on the Request for Assistance Submitted on Behalf of the Government of the Republic of Kenya Pursuant to Article 93(10) of the Statute and Rule 194 of the Rules of Procedure and Evidence'”, ICC-01/09-78, 10 August 2011, paras. 15-16; Prosecutor v. Gaddafi and Al-Senussi, ICC A. Ch., Decision on the admissibility of the “Appeal Against Decision on Application Under Rule 103” of Ms Mishana Hosseinioun of 7 February 2012, ICC-01/11-01/11-74, 9 March 2012, para. 10). That said, I think it might be worthwhile for the...15 May The Fog of Technology and International Law
...– Giovanni Lo Porto. As President Obama himself announced, the United States inadvertently killed Lo Porto and Warren Weinstein, a USAID contractor, as part of a January drone strike targeting an al Qaeda compound in the Afghanistan-Pakistan border region. Both aid workers were Al Qaeda hostages; Lo Porto had been kidnapped in 2012, while Weinstein was abducted in 2011. The story made global headlines for Obama’s apology that the United States had not realized these hostages were hidden on-site, and thus their deaths were a tragic mistake: As President and...