Search: kony 2012
16 Nov MJIL Symposium: The Pacific Solution Mark II: Responsibility Shifting in International Refugee Law
...its Expert Panel in August 2012. In order to do so it was necessary to amend the Migration Act 1958 (‘Migration Act’) to remove the protections which the High Court relied upon in M70 to invalidate the declaration concerning Malaysia. In my view the amendments to the Migration Act effected by passage of the Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 (‘Act’), and the subsequent transfer of putative refugees from Australia to Nauru, place Australia at risk of violation of the Refugee Convention. Before outlining my core...25 Jan Guest Post: A Response to Kevin Jon Heller
[Nimrod Karin is a J.S.D. candidate at New York University School of Law. From 2006 to 2012 he served as a legal adviser to the Israel Defense Forces at the International Law Department of the Military Advocate General’s Corps’ HQ, and from 2012 to 2013 he was the Deputy Legal Adviser to Israel’s Permanent Mission to the United Nations.] Thanks so much for the kind words, Kevin, and even more so for the interesting push-back. I confess that a reader of an early draft of my post cautioned me against...
24 Jul Judge Mindua’s Separate Opinion in Al Hassan: International Humanitarian Law and the Right to Political, Legal and Cultural Self-Determination
...questions. The opinion is notably different in emphasis from the majority Trial Judgment and Judge Akane and Judge Prost’s Separate Opinions. The trial and the majority Trial Judgment focused on Ansar Dine/AQIM’s system of governance during their occupation of Timbuktu in 2012; many of the charges depended on the characterisation of their rules and punishments as war crimes or crimes against humanity that, the Prosecution argued, had a disproportionate effect on women. As a result, the trial and judgment had to grapple with the criteria for legitimate domestic law and...
20 Aug Muddying the Waters Still Further: A Response to Steven Kay and Joshua Kern
...of the Arab State in the UN Partition Plan remained vested in the Palestinian people in Gaza and was shared between Jordan and the Palestinian people in the West Bank between 1948 and 1988. In 1988, title was vested exclusively in the Palestinian people over the territories that Israel had occupied since June 1967. The resolution adopted by the General Assembly on 29 November 2012 conferred observer statehood on Palestine and amounted to an act of collective recognition by those states that voted in favour of that resolution. The recognition...03 May Is Libya “Able” to Prosecute Saif and Al-Senussi?
...government official was present at the meeting. By the same token, however, the militia’s willingness to allow a government official to be present at the interview also does not mean that it will be willing to hand Saif over to the NTC for trial. Expect the OTP to focus on that issue in its response to the motion. Al-Senussi’s case is even more interesting. The motion treats his extradition from Mauritania as little more than a fait accompli (para.30): On 17 March 2012 Mr Al-Senussi was arrested in Mauritania. The...
26 Aug Symposium on Myanmar and International Indifference: Rethinking Accountability – Five Years on: Reflections on the Myanmar Military’s Murderous Campaign to Drive 750,000 Rohingya Into Bangladesh
...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...07 Aug Emerging Voices: Limits to R2P–Lessons from the Arab Spring Conflicts
...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...
10 Mar Do Not Over-simplify Our Story: Venezuelans on the Human Rights Crisis (Part I)
...rights mechanisms have provided important support, but their impact has been limited by enforcement constraints. Historically, the Inter-American Commission and Court of Human Rights -established under the American Convention on Human Rights- were instrumental in supporting victims of human rights abuses in Venezuela for decades. However, in 2012 Venezuela withdrew from the Convention, in an attempt to prevent its citizens from accessing those mechanisms. In my family’s case, we were able to submit an individual complaint to the UN Working Group on Arbitrary Detention. In May 2012, they ruled in...11 Dec Autonomous Weapon Systems and Regulation – A Brief Bibliography
...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...