Search: kony 2012

...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,...

...providing financial data to US Treasury, along with a European equivalent in the form of the EU Terrorist Finance Tracking System. Then came the Iran nuclear standoff. In the late 2000’s Iran’s pursuit of nuclear technology and weapons testing led to multilateral sanctions, including Resolutions issued by the UN Security Council prohibiting the provision of certain “financial services” to Iran. By 2012, the EU enacted its own more aggressive sanctions package, including an oil embargo, while the US imposed measures including the threat of secondary sanctions against those willing to...

...commercial court in Accra has refused Argentina’s effort to lift an injunction preventing ARA Libertad from leaving Ghana, holding that Argentina’s bonds waived applicable sovereign immunity defenses. Indeed, most courts seem to have agreed that Argentina has indeed waived its immunity defenses. Here is an excerpt of their waiver, as described in a recent U.S. Court of Appeals for the Second Circuit decision: (E.M. Ltd. V. Republic of Argentina (2d Cir. Aug. 20, 2012) To the extent the Republic [of Argentina] or any of its revenues, assets or properties shall...

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,...

...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...

...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...

...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....

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...

...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...

...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...

...a subpoena for information related to your Google account in a case entitled Chevron Corp. v. Steven Donziger, et al., United States District Court for the Northern District of California, 11 Civ. 0691 (LAK) (Internal Ref. No. 257121). To comply with the law, unless you provide us with a copy of a motion to quash the subpoena (or other formal objection filed in court) via email at [Google email address] by 5pm Pacific Time on October 7, 2012, Google may provide responsive documents on this date. For more information about...

This statement, coming from the Acting Director of the CIA, is perhaps even more remarkable than the Senators’. The press release is posted on the CIA website and is reprinted below. Statement to Employees from Acting Director Michael Morell: “Zero Dark Thirty” December 21, 2012 ________________________________________ I would not normally comment on a Hollywood film, but I think it important to put Zero Dark Thirty, which deals with one of the most significant achievements in our history, into some context. The film, which premiered this week, addresses the successful hunt...