Search: kony 2012

...charges (para. 92) against Joseph Kony, children born to women enslaved by the LRA are also recognized as enslaved children Such children were not born into enslavement but simply with their mothers when they were slave traded and enslaved by IS (pp. 55 and 150). Relatedly, babies born, such as confidential victim-witness B, to enslaved mothers, such as confidential victim-witness A, are understood to be enslaved from birth (p. 201). The district court also finds that child soldiers can be considered enslaved children (p. 101, see comparatively OTP-ICC Policy on...

...victims, especially when directly balanced against a more lenient sentencing regime for their perpetrators. Thus far, the Court has not given victims’ rights and interests a prominent role in admissibility considerations. Concerns raised by victims in the situations in Uganda and Libya on their lack of access to justice, the absence of protective measures, limited possibilities to participate in proceedings and difficulties in obtaining reparations were not addressed by the Pre-Trial Chamber for either being premature (Kony et al ., paras. 47-51)  or having already established the inability of the...

...skilful examination and cross examination of witnesses, the presentation of thousands of pages of documents, and the eloquent closing submissions.  We also wish to thank the witnesses, both factual and expert, who honoured this process with their sworn testimony, both in-person or by video-link.   This is not a trial. It’s an indictment confirmation process similar to what the ICC conducts under Rome Statute Article 61, after the arrests of accused persons, and which it will conduct this October in the Joseph Kony case, in the absence of an arrest.  It...

...that has seen more than 100,000 people die, some 1.7 million people uprooted from their homes and made internal refugees, and an estimated 38,000 children aged as young as seven and eight years abducted by the rebels to serve as guerrilla fighters, porters and sex slaves. “Thomas Lubanga was arrested because he was suspected of being a rebel, but if he had been the president of a country he would not be behind bars now in a European prison,” said Otti, who is deputy to the LRA leader Joseph Kony....

As the rest of the media is focused on the very good news about the demise of Abu Masub al-Zarqawi (see Andrew Sullivan’s round-up of perspectives here, here and here), I wanted to draw attention to an article in today’s WSJ describing the ICC’s problems with its prosecution of Joseph Kony and the Lord’s Resistance Army. As Jess Bravin’s article makes clear, the reality of international prosecution — particularly where peace has not yet been made — falls far short of its promise. ICC proseuctor Luis Moreno-Ocampo has found his...

...into LDUs in late 2004 in Kitgum, Pader and parts of Teso had apparently not been demobilized by October 2007. I don’t know how often UPDF officials visit the US, or how likely a US Attorney would be to arrest a UPDF official who did. But it would be deeply ironic if a UPDF official was ever prosecuted in a US court, given that the ICC has charged Joseph Kony and the other LRA leaders with (inter alia) conscripting child soldiers but ignored crimes committed by the Ugandan government. The...

...than an “other inhumane act” is not simply for legal categorization. Rather, it is to cast a greater spotlight on a crime that has received scant recognition by the international community. As a result this has led to weak criminal enforcement. For instance, the ICC has issued arrest warrants for Ugandan warlord Joseph Kony and other high-ranking officials of the Lord’s Resistance Army for crimes against humanity, such as sexual slavery, rape, and murder. However, there was no mention of forced marriage in the indictment despite widespread reports. The ICC’s...

...relations. Before domestic courts exercising universal jurisdiction, recognition may influence whether Taliban officials are entitled to personal immunities under customary international law (see Mimran and Relva/Todeschini).  Nevertheless, the Taliban regime’s insularity renders the execution of the ICC arrest warrants highly unlikely, unless an improbable governmental crisis or political transition were to occur (as in the case of Rodrigo Duterte). An alternative would be to pursue a strategy similar to the “Kony experiment” – namely, initiating a proceeding in the suspect’s absence (Anderson, Brandon/Gavira-Díaz), which could arguably offer some satisfaction to...

...Kony. To this day, the ICC has never emerged from under this cloud of apparent bias towards the Museveni Government. Recent events won’t foster much hope that it ever will. Given this history, you would think the Court would go out of its way to make sure people understand that it is not investigating only the LRA. You would be wrong. As I was perusing the ICC website yesterday, I found myself on the page dedicated to the Uganda situation. Other than providing information about ongoing cases, the page simply...

...date, the Court has not squarely addressed this question in its jurisprudence. The issue has arisen in practice—notably in the context of the Kony/LRA peace negotiations—where the Prosecutor took the position that the arrest warrants should remain in force (OTP statement in relation to events in Uganda, 2008. In my view, there is a need to find solutions to what looks, in practice, as a gap: the Rome Statute establishes obligations of cooperation for States Parties, but provides only limited guidance on how to apply them in practice in a...

...was a continuing crime. The Defence’s oral response reiterated the nullum crimen argument, but added two alternative arguments: that there was no marriage (it was “mere cohabitation” [p. 89] between the girls and their ‘spouses’) or that the relationship was not forced (as Joseph Kony gave consent for their ‘marriage’ in place of their parents under Acholi tradition [p. 88]). The Legal Representative of the Victims countered this by referring to expert evidence on marriage under Acholi culture introduced at trial (pp. 92-93) and we also pointed out that the...

...ways. It is also true that a lot of this knowledge is local and context specific – what works in Iraq today might have little to do with teams seeking out Kony or confronting pirates in Somalia. But there are important things that can figure in contract terms. The other agent-principal issue is the more traditional one in the law and economics literature – the misalignment of agent and principal interests, and that in the context of the agent having greater information and control of the situation on the ground....