Search: kony 2012

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...

...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,...

...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...

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...

...members of the South African Police Services (SAPS) during a protest on live TV. The Marikana massacre that happened on 16 August 2012 was preceded by a six-day mining worker’s protest, primarily over wage disputes between the workers and mining company Lonmin Platinum Mine in Marikana, Northwest Province, South Africa. The protest, monitored by armed members of SAPS who fired and shot miners, some using live ammunition to disperse the crowds and end the protest. The massacre was a historical and unprecedented incident as it contributed towards significant changes on...

...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...

...the Von Hannover case of 2012. In this case the Strasbourg Court is embracing this careful approach to its relationship with Constitutional and Supreme Courts, and going through special pains to signal that it wants to work with strong Supreme Courts rather than compete with them. Admittedly, for weak international judicial review to be in place the domestic court 1) has to be a strong rule of law court, and 2) must take international human rights protections seriously. The development of the standard of weak international judicial review in the...

[Vince Vitowsky has asked me to post this announcement from Joe D. Whitley about an upcoming ABA two-day event that might interest readers.] Thursday, March 22, 2012-Friday, March 23, 2012 Capital Hilton 1001 16th Street NW Washington, District of Columbia, United States 20036 As Program Chair and Vice-Chair of the American Bar Association’s Administrative Law and Regulatory Practice Section, I would like to invite you to attend the 7th Annual Homeland Security Law Institute. We are honored to have with us this year Former U.S. Attorney General Michael Mukasey, Former...

...reduce the risk of disasters, including international agreements and instruments (such as the 2005 Hyogo Framework for Action), regional court decisions (such as the European Court of Human Rights decisions in Öneryildiz v. Turkey and Budayeva and Others v. Russia), and numerous national laws on prevention, preparation, and mitigation. Fourth, the Commission began its initial discussion of the topic “identification of customary international law,” which was added to the current program of work in 2012. The discussion at the 65th session was general in nature, but revealed that the Commission...