In association with the International Commission of Jurists

Search: kony 2012

11 Aug

...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....
11.08.14 | |

27 Sep

...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...
27.09.12 | |

29 Dec

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...
29.12.12 | |

16 Apr

Last month, I was scheduled to attend Cyber Dialogue 2012 – What is Stewardship in Cyberspace? at the University of Toronto’s Munk School of Global Affairs. I was quite excited to attend given the line-up of participants with a truly diverse set of backgrounds and areas of expertise. Unfortunately, despite nearly nine hours in the Philadelphia airport, I never made it because of this. Indeed, not only couldn’t I fly to Toronto, over the course of the morning and early afternoon I learned that I couldn’t get to Detroit, Erie,...
16.04.12 | |

06 May

...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,...
06.05.15 | |

21 Jan

...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...
21.01.20 | |

04 Feb

...not a constant position of the ECCJ, at least not before the RADDHO case in 2012. The Court successively granted access in 2010 (SERAP Education and Environment cases), refused access in 2011 (Makpror, Gbagbo, and Others v Côte d’Ivoire; CDD v Niger), and granted access again in 2012 (RADDHO v Senegal). Where it granted access, the Court did so on the basis of actio popularis and/or public interest. Refusal of access was reasoned by the fact that the Complainant was not personally aggrieved and lacked authority to represent the ‘people’....
04.02.14 | |

05 Apr

[Michael Kearney is an LSE Fellow in the Law Department of the London School of Economics] Michael Kearney guest blogs with us to share his knowledge of the Palestinian situation as an external consultant for the Palestinian human rights NGO Al-Haq “I heard from the Americans,” Abbas reports. “They said, ‘If you will have your state, you will go to the ICC. We don’t want you to go the ICC.'” In a striking decision, issued shortly before he is due to step down in June 2012, Prosecutor Moreno-Ocampo of the...
05.04.12 | |

24 Mar

[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...
24.03.22 | |

11 Jan

...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...
11.01.13 | |

05 Apr

...tragic as this latest attack is, I also feel like I am in a time-warp that has sent me back to 2012-13 when similar chemical weapons attacks led to similar global outrage which led to an American debate about whether to launch military attacks on Syria. President Obama famously decided to launch such strikes (without Congress or the UN) and then changed his mind and sought congressional consent. He never got that, but he did work out an agreement with Russia and the Assad government to remove Syria’s chemical weapons...
05.04.17 | |

05 Nov

...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...
05.11.14 | |