Search: kony 2012
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...
17 Apr Strategies for Appealing the Afghanistan Decision
...of Kenya against the ‘Decision on the Request for Assistance Submitted on Behalf of the Government of the Republic of Kenya Pursuant to Article 93(10) of the Statute and Rule 194 of the Rules of Procedure and Evidence'”, ICC-01/09-78, 10 August 2011, paras. 15-16; Prosecutor v. Gaddafi and Al-Senussi, ICC A. Ch., Decision on the admissibility of the “Appeal Against Decision on Application Under Rule 103” of Ms Mishana Hosseinioun of 7 February 2012, ICC-01/11-01/11-74, 9 March 2012, para. 10). That said, I think it might be worthwhile for the...06 May Guest Post: Stephen W. Preston on ‘The Legal Framework for the United States’ Use of Military Force since 9/11’ (ASIL Annual Meeting 2015)–Old Wine in New Bottles
...order to prevent any future acts of international terrorism against the United States”. In 2009, the Obama Administration filed a memorandum in the Guantánamo habeas litigation, arguing that the President’s authority to detain “persons who were part of, or substantially supported, Taliban or al Qaida forces or associated forces that are engaged in hostilities against the United States or its coalition partners” could be derived from the 2001 AUMF (thereby actually abandoning the “enemy combatant” argument of the Bush administration). By the National Defense Authorization Act for Fiscal Year 2012,...
22 Dec East Africa Should Back Justice for South Sudan: Neighboring Countries Should Support Hybrid Court
...the pillars of the draft East African Community Protocol on Good Governance is access to justice. Further, the EAC Conflict Management Act of 2012 created a panel that, among other duties, promotes the peaceful resolution of conflicts. This law requires member states to co-ordinate post-conflict management. The framework provides an opportunity for EAC members to support accountability for abuses in South Sudan as an effort to quell retaliation resulting from unadressed injustices. The 2017-2012 EAC priorities such as promoting regional security and good governance and regional economic cooperation can benefit...27 Dec New Cambridge Journal of International & Comparative Law
...February 2012. Successful authors will be notified in April 2012 as to whether they will be published in one of our two substantive issues for the year 2011-12. Manuscripts must be submitted via our website – click on ‘Submissions’ at www.cjicl.org.uk – by the closing date. Please see below for further information. In addition to a call for submissions for the Journal, the Editorial Board would like to invite authors to submit c. 1000 word commentaries for our new online blog (available at www.cjicl.org.uk), by e-mailing them to: blog@cjicl.org.uk with...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...09 Aug Final Thoughts on the Bar Human Rights Committee’s Letter
Kirsty Brimelow QC, the chair of the Bar Human Rights Committee (BHRC) — and a colleague of mine at Doughty Street Chambers — has responded to my position on the 2009 Declaration, as recounted by Joshua Rozenberg in this Guardian article. Here is the relevant paragraph: Neither Rozenberg’s opinion piece nor academic he relies upon, Kevin Heller, cite the text of the 2012 decision in support of their positions. This is hardly surprising given that the decision does not in fact “formally reject” the 2009 declaration. Although I stand behind...11 Aug Emerging Voices: Freedom or Restraint? On the Comparison Between the European and Inter-American Human Rights Courts
...Rights allows direct access by individuals to the ECHR (resulting, for example, in a total of 128,100 pending cases at the end of 2012), only the Inter-American Commission of Human Rights may decide to present a case before the IACHR (in 2012, the IACHR received 12 new cases and issued 21 judgments). In this context, it is easy to understand why the ECHR is willing to afford national authorities some margin of appreciation – as it is much more likely that it will later be able to review such decision....27 Sep HILJ Symposium: A Pragmatist’s Response to ‘The Democratic Coup d’Etat’
...in Current Post-Authoritarian Constitution-Making, Brooklyn J. Int’l Law (Forthcoming 2012); David Landau, Constitution-Making Gone Wrong, Alabama L. Rev. (Forthcoming 2012). In this period, a charismatic individual or political party can reassert dictatorship by turning a popular mandate into a reason for unilaterally reshaping the institutional landscape of the state. Perhaps the two best examples of this kind of plebiscitary constitution-making are Russia and Venezuela, where President Yeltsin and President Chavez were able to seize control of the constitution-making process and unilaterally reshape the institutional apparatus in the process by exploiting...