Search: kony 2012

...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....

...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...

Anonymous Log onto Twitter and send him a message at @robcrilly. He generally responds to comments/questions. Kevin Jon Heller I hope someone out there will do it. I don't use Twitter. Oder Even if this is not accurate, doesn't it at least highlight the possibility that ICC proceedings against leaders might be an incentive for them to stay in power? See Joesph Kony, Robert Mugabe, al-Bashir... Kevin Jon Heller The same argument was made about Milosevic and Taylor, and we know how that turned out. Oder What do those examples...

...the reputation of the Security Council which will effectively be going back on its referral; the apparently subjective application of the law; the expectations of those in Darfur who have been affected by the conflict. And bear in mind the fact that indictments of Milosevic, and of Kony to an extent, didn't harm the respective peace processes, despite doubts - any argument that a deferral will aid the peace process in Sudan is unfounded. This is of course a sensitive issue, but I think that the balance in this instance...

...doubt - as many other have - it is a legal rule as opposed to a political mantra. At the same time, the problems of negotiated peaces can not be minimized. Jeremy Levitt has a new book out since January 2012 precisely about the problems with these negotiated peaces entitled "Illegal Peace in Africa: An Inquiry into the Legality of Power Sharing with Warlords, Rebels, and Junta." Syria is the current example - intervening or not intervening - we are doing something. Intervening without structure makes me fear us spinning...

Mark This report has been twisted here into an argument against the ICC, whereas it could just as easily be twisted into one for the Court. Would al-Bashir have entered this agreement were it not for the arrest warrant? I wonder if it is no coincidence that al-Bashir seems keen, suddenly, to raise his profile - rather, might this have something to do with the arrest warrant hanging over his head? We saw the same thing a few years ago, with Kony and friends emerging from the jungle for negotiations...