Search: kony 2012
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...28 Jun ILO Tribunal Finds Against ICC in the Libya Detention Debacle
This is a major development, one that I hope does not get lost in the welter of commentary on the Bemba acquittal. If you recall, in June 2012 the Libyan government detained four ICC officials who were in Zintan on official Court business: Melinda Taylor from the Office of Public Counsel for the Defence (OPCD), who had been provisionally appointed Saif Gaddafi’s defence counsel; two officials from the Registry; and a translator, Helene Assaf. Libya charged all four with various criminal offences and ultimately detained them for 27 days. About...16 Dec Guest Post: General Court of the European Union annuls the EU-Morocco Free Trade Agreement on Human Rights Grounds but Forgets Self-Determination
...blog posts by David Hart here and Geraldo Vidigal here. The claim was brought by Frente Polisario (the internationally recognised interlocutor of the Saharawi people) against Council Decision 2012/497/UE of 8 March 2012. The original Council decision concerned an agreement between the EU and Morocco over reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products. The judgement is important for two main reasons. First, the Court found the case admissible, taking a stance on the issue of the legal personality of Frente Polisario. Second, on the...
03 Dec Women in International Law: A Vanishing Act?
...the vice-presidency currently held by Judge Xue Hanqin of China. Judges Hanqin and Donoghue were elected in 2010, and Judge Sebutinde in 2012. Of the one hundred and eight ICJ judges past and present, there have been only four women, including Dame Rosalyn Higgins, who was on the bench from 1995 till 2006. At the International Tribunal on the Law of the Sea (ITLOS), of the twenty-one members currently, three are women. Of the forty-six members since 1996, the number of women remains static: Judge Elsa Kelly of Argentina (from...21 Jan My Glenn Greenwald Story
...elsewhere — which has been wonderful for expanding my readership. I owe him a great deal professionally. That debt, however, pales in comparison to what I owe him for helping me while I was at the University of Auckland. As I recounted in this 2012 post, I returned home to find that Chevron had subpoenaed my Gmail account information — a heavy-handed response to my very critical blogging about the Chevron’s destruction of the Ecuadorian rainforest and subsequent dirty tricks to avoid having to pay damages for that destruction. I...29 Dec In 2013, I Resolve to Post a Lot … But Only About Robots
Kidding! Happy New Year to everyone! Chris’s post below made me want to add that I have a goal in 2013, which is to post lots more. 2012 was family-intensive, but things are looking good for 2013, and my resolution is to post much more than I have in 2012. Thanks to others for carrying the ball, and to our new staff, Jessica and An, as well as to Kristen, and to Peggy for carrying so much of the behind-scenes burden of OJ. I do plan to take Chris’s excellent...04 Nov Bodansky: Letter from the Barcelona Climate Change Talks
...or finance until Congress has first enacted legislation. The Copenhagen negotiating process has two tracks: one to negotiate amendments to the Kyoto Protocol, including a second round of emissions targets for developed (“Annex B”) countries, addressing the period after 2012, when the Kyoto Protocol’s first commitment period ends (a negotiating track that doesn’t include the United States, since it is not a party to Kyoto); the other to reach a comprehensive outcome under the UN Framework Convention on Climate Change (UNFCCC), including mitigation commitments by developed countries and actions by...17 Jun Understanding the Bolivian Coup: Latin American Democracy and the Cold War Paradigm
...of a new kind of coup, where opposition forces manipulate existing law to secure the ouster of an unwanted leader. Variants of these “soft coups” were staged in the so-called “impeachments” of Paraguay’s Fernando Lugo in 2012 and Brazil’s Dilma Rousseff in 2016. Similarly, a hostile Congress unsuccessfully attempted to unseat Peru’s Pedro Pablo Kuczynski in 2018. This is exactly what happened to Morales. On November 8th, the company hired by the TSE to run the election had issued a statement saying it could not “give faith of the integrity...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...