Search: kony 2012

...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...

...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...

...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...

...of child soldiers, and the realities observed in Bunia offer major lessons for the Register of Damages in Ukraine.  Thomas Lubanga Dyilo was former President of the Union des Patriotes Congolais/Forces Patriotiques pour la Libération du Congo. On 14 March 2012, he was found guilty of the war crime of enlisting and conscripting children under the age of 15, and using them to participate actively in hostilities. The same year, he was sentenced to serve 14 years of imprisonment. The reparations phase started on 7 August 2012. The programme is...

...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...

[Gabriele Chlevickaite is Assistant Professor at VU Amsterdam, a Board Member at the Center for International Criminal Justice and a fellow at the Netherlands Institute for the Study of Crime and Law Enforcement (NSCR).] Tensions between academic independence and practical relevance are long-standing, and increasingly subject to debate, with little guidance to those on either side of the equation. However, the academia-practitioner relationship is no simple matter, especially for freshly-baked academics transitioning from practice. What is the ‘right’ distance from former employers and colleagues? To what extent...

...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,...

...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...

...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...

Kidding! Happy New Year to everyone! Chris’s post below made me want to add that I have a goal in 2013, which is to post lots more. 2012 was family-intensive, but things are looking good for 2013, and my resolution is to post much more than I have in 2012. Thanks to others for carrying the ball, and to our new staff, Jessica and An, as well as to Kristen, and to Peggy for carrying so much of the behind-scenes burden of OJ. I do plan to take Chris’s excellent...

...this, Professor Foster’s contribution analyses recent Australian Government amendments to such legislative protections and addresses whether these amendments are consistent with the Refugee Convention. Mary Crock and Susan Kneebone will respond. We hope that you enjoy participating in the upcoming discussion. We once again thank Kevin Jon Heller and the team at Opinio Juris for the opportunity to host this symposium. For further information about the Journal, the editors may be contacted at law-mjil [at] unimelb.edu.au Martin Clark, Nuwan Dias and Eamonn Kelly 2012 Editors Sanishya Fernando 2012 Commentaries Editor...

...just as they were blossoming. Summer brought a prolonged drought. By December, which should be the height of the 2012/13 harvest, the Spanish crop was coming in at just 44 percent of the year before. The harvest has been better elsewhere, but … Spain so dominates the world market that no one else can really make up the loss. Tunisia is trying. The fifth largest producer and fourth largest exporter, its production is expected to rise by 27 percent in the 2012-13 season. California will also have a good year....