Search: kony 2012
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...07 Aug My Podcast on Palestine and the ICC — and an Additional Thought
...As I discuss in the podcast, Palestine has two roads to a potential ICC investigation of Operation Protective Edge: (1) accept the Court’s jurisdiction on an ad hoc basis retroactive to 29 November 2012, the date of UNGA Res. 69/17; or (2) ratify the Rome Statute and then file an ad hoc declaration retroactive to 29 November 2012. Although both roads would give the ICC jurisdiction over the situation in Gaza, there is actually a critical procedural difference between them — assuming that the OTP wanted to investigate (which I...05 Nov Guest Post: The Italian version of Medellin v. Texas? Or, a new hope after Kiobel?
...not lie when crimes of such gravity were concerned, had no choice but to bend its head (see, e.g., its decision no. 32139 of 2012, also here, and no. 4284 of 2013). The story seemed settled and closed. On October 22, 2014, however, the Italian Corte costituzionale wrote a new and surprising chapter with its decision no. 238. Upon referral by the Tribunale di Firenze, and faced again with claims against Germany by victims of Nazi’s crimes committed during WWII, the Constitutional court found that the ICJ holding in Germany...15 Jan What Are International Law’s “Must Reads” from the Past Decade?
...built on the assumption that international law is expanding, becoming more institutionally complex, and deepening. But is the proliferation of law and institutions also leading to legal fragmentation? This has been a much-debated topic since at least the 1990’s. The ILC’s report, finalized by Martti Koskenniemi and the related study, have been much-debated and remain key resources in thinking-through this important topic. The Oxford Guide to Treaties (Duncan Hollis, ed.) (Oxford 2012) At the risk of being accused of cheering for the home team, I want to note this volume...
29 Sep On the Anvil: The Netherlands v. Syrian Arab Republic at the International Court of Justice?
...genuine attempts at negotiation, which had failed, prior to approaching the court. In the Judgment of 20 July 2012 in Questions Relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal) – dealing squarely with CAT – the ICJ examined the next step specific to this convention, arbitration. The court held that two requests for arbitration made by Belgium that were ignored by Senegal would fulfill the criteria for failure to “organize the arbitration”. Therefore, it is not necessary that the arbitration actually has to be undertaken – but...
03 Oct The ICC State Parties’ Presidency of the UN Security Council: A Momentous Opportunity to Provide the Limbless Giant with Limbs to Walk and Work
...the UNSC. At other times, where the ICC States parties are in the minority at the UNSC, a more passive attitude towards the ICC and international accountability has prevailed. Moreover, it is important for States parties within the UNSC to enhance and maximize their presence at the Presidency of the Council. Such a position bestows a great opportunity to promote and advance international justice and accountability on the UNSC agenda. For example, in January 2012, it was under the South African presidency, that the UN High Commissioner for Human Rights,...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...