Search: kony 2012
03 May Forget the Security Council: The General Assembly Can Admit Palestine
...admission. The Article 4(1) requirement of statehood would not be an obstacle for Palestine. In 2012, 138 states voted in the General Assembly to say that Palestine is a state, while only nine voted against. The Charter has no procedure to override a General Assembly resolution to admit a state. A favorable vote in the General Assembly would make Palestine a member state. [The author’s analysis is based on his article Who Admits New Members to the United Nations (Think Twice before You Answer , George Washington International Law Review,...
11 Feb The Prospects of Prosecuting Rohingya Deportation before the International Crimes Tribunal, Bangladesh (ICT-BD)
...accomplishment of such trials. Accordingly, the GoB established two Tribunals namely the ICT-BD on 25 March 2010 and 22 March 2012, respectively. Subsequently, the GoB promulgated the International Crimes Tribunal Rules of Procedure 2010 (ICT RoP) to provide the procedural frameworks of ICT-BD. The ICT-BD handed forty-one judgments to date (thirty by ICT-BD1 and eleven by ICT-BD2). The ICT-BD is still conducting its investigation and prosecution. Section 3 of the ICT Act provides the jurisdictional basis of the ICT-BD. As regards personal jurisdiction, the ICT-BD can prosecute any individual or...
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...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,...
28 Aug China’s Mediation Revolution? Opportunities and Challenges of the Singapore Mediation Convention
...be practiced with the help of elders as “conciliators,” whose practice of mediation was highly evaluative or “didactic.” Commercial mediation was practiced for a long time by judges who, partly in response to high caseloads, would switch roles from judge to mediator in order to accelerate resolution of cases. In contemporary China, the birth of modern commercial mediation can be traced to the years immediately preceding the 2012 amendment to the Civil Procedural Law. Article 122 states that in any civil case, unless the parties refuse, an attempt must be...