June 2016

For the first episode in the Multi-blog series on the Updated Geneva Conventions Commentaries, the Humanitarian Law & Policy Blog has published Locating the Geneva Conventions Commentaries in the International Legal Landscape, by Jean-Marie Henckaerts. View of destruction in downtown Homs, Syria. © Jerome Sessini/Magnum Photos for ICRC Jean-Marie is the head of the unit in charge of the update of the...

[Jennifer Trahan is Associate Clinical Professor, at The Center for Global Affairs, NYU-SPS, and Chair of the American Branch of the International Law Association’s International Criminal Court Committee. The views expressed are those of the author.] A significant event happened quietly at the UN on June 27: Palestine deposited the thirtieth instrument of ratification of the International Criminal Court’s crime of...

Today through Wednesday, June 27-29, 2016, the Annual Junior Faculty Forum for International Law will host its fifth edition, at the New York University School of Law. The Forum is convened by Dino Kritsiotis (Univ. of Nottingham), Anne Orford (Univ. of Melbourne), and JHH Weiler (EUI/NYU), who will be joined this year by Benedict Kingsbury (NYU) and José Alvarez (NYU)...

Here’s your weekly selection of international law and international relations headlines from around the world: Africa The United States and France supported Hissène Habré, the former Chadian dictator who was convicted of atrocity crimes on May 30, 2016, throughout his rule, Human Rights Watch said in two reports released today. The Eighth Africa Carbon Forum will focus on ensuring that countries...

[Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law at Duke University and a permanent visiting professor at iCourts: Center of Excellence for International Courts at the University of Copenhagen.] As the world reacts to the shock of the Brexit referendum, international lawyers are turning their attention to the mechanics of Britain’s departure from the EU.  Article 50 of...

As the news of the Brexit vote sinks in, commentators are considering the various longer-term effects. I want to highlight the how this may look to the EU’s neighbors to the east, especially countries such as Ukraine, Moldova, and Georgia that have recently signed Association Agreements with the EU. Ukraine and Moldova, in particular, have electorates that are divided over...

Last week, Adrian Hilton -- a self-described "conservative academic, theologian, author and educationalist" -- published a vicious hit-piece in The Spectator about SOAS. It's entitled "A School of Anti-Semitism?", and the name basically says it all. According to Hilton: "[p]retty much all student societies at SOAS have no choice but to conform to the Islamo-Marxist orthodoxy"; "the entire student body defines...

There’s an interesting, if I suspect academic, discussion over at Just Security at the moment about whether the recent proposal by 51 State Department diplomats to use military force against the Assad regime directly would be lawful under domestic and/or international law. My suspicion that the discussion is at least at present academic is based on the unlikelihood that any such policy change is in the offing – particularly in this election year and, more important, in the context of the current President’s longstanding position that greater U.S. military force of this nature in Syria would be counterproductive. But academic at the moment or no, the questions are important and will certainly be faced early in the term of the administration that takes office in January 2017. And particularly on the international law side, the questions go to the heart of the larger issue of how much formal analysis one thinks international law in this area can bear. Marty Lederman and Ashely Deeks started the discussion here, Harold Koh responded here, and Charlie Savage has a good review of the way these debates unfolded in the administration considering the legality of the use of force in Libya and Syria here. So

[This post is brought to you by ICRC's Humanitarian Law and Policy Blog, Intercross and Opinio Juris.] The updated Commentaries are an interpretive compass emerging from more than 60 years of application and interpretation of the Geneva Conventions. Over the rest of 2016, several academic blogs are hosting a joint series that brings to light the significance of the updated Commentary on...

I thought I had largely said what I had to say concerning emojis and international law in my previous post. SRSLY. ;-) But then John Louth, who knows of my interest in issues of recognition and non-recognition of aspirant states, pointed out this article from Wired which discusses, among other things, the issue of which national flags are awarded emoji and...

Emojis: love them or hate them, you can’t seem to get away from them.  :-)  The smiley face, the thumbs-up, the smiling pile of poop, and the hundreds of other little symbols and pictograms that get used in text messages, tweets, and the like.  And tomorrow, June 21, we will have 71 new emojis to play with.  Why will there be new emojis tomorrow? And what does this have to do with international law? Read on… First, a bit of background: while the smiley face is very much an iconic 1970’s symbol ("Have a Nice Day!'), the use of what we would call emoji in electronic communications started in the 1990’s in Japan, for use in cellphone texts.  Each little frowny face or thumbs-up, though, needs to be mapped using a common standard, or else it would only be able to be seen on certain platforms (say, an Android smartphone) but not on others (such as a Mac). Consequently, there is actually an approved set of “official” emojis that can work across multiple software and hardware platforms and that new emojis are released once a year by a standard-setting organization called the Unicode Consortium, “a non-profit corporation devoted to developing, maintaining, and promoting software internationalization standards and data, particularly the Unicode Standard, which specifies the representation of text in all modern software products and standards.”  The Consortium’s membership includes Apple, Adobe, Google, Microsoft, Oracle, and Yahoo, among others. By providing cross-platform standards, the Consortium is essentially making the soft law of the interoperability of symbols across different programs and devices. 8-) Proposals for new emojis are made to the Unicode Consortium, which then reviews and decides which symbols  should become standard and how they should be encoded. There are currently about 1,300 emojis, with about 70 added each year.   (By way of perspective the total  “Unicode Standard is mammoth in size, covering over 110,000 characters. “) The list of new emojis being released on June 21 is here.  Can’t wait to use the team handball emoji! But, besides this being an unexpected story of industry standard-making bodies and funny little symbols, one must keep in mind that the Unicode Consortium’s responsibilities go well beyond encoding the broken heart glyph. As NPR reported last year:
The Unicode Consortium's job has always been to make basic symbols work across all computers and other devices, but the emoji has put the group at the center of pop culture. "Our goal is to make sure that all of the text on computers for every language in the world is represented,"
However, as Mashable notes:
getting characters added to the Unicode Standard is a long, drawn-out process. In addition to the original Japanese emoji characters, the Unicode additions included other new characters — such as country maps and European symbols. What this means is that there is a data file that maps every individual emoji symbol to a Unicode code point or sequence. But this is just the standardization of the symbols. Supporting emoji, as well as the specific design of the emoji characters, is up to software makers.
Thus, the administrative scaffolding that makes emojis ubiquitous is based on a non-governmental standard-setting body using soft law to allocate Unicode points or sequences to symbols (be they emojis, letters, mathematical symbols, etc.) that are approved by the Consortium.   The approval of emojis is simply one example of a set of responsibilities with much broader implications than just whether "nauseated face" deserves its own encoding. (According to the Consortium, it does.) Besides interest in the process of institutional decision-making in standard-setting bodies such as the Consortium, there is also a question  of whether the Consortium’s overall goal of ensuring that the script of every language in the world is represented digitally is in tension the current focus on encoding more and more emoji.  Some have expressed concern that this focus on emojis may divert time and resources away from the protection of endangered languages. Peoples who are trying to preserve endangered languages (such as, for example, Native American and First Nation languages) would be greatly helped if the alphabet of that language would be as easy to read across a variety of computer platforms and digital devices as a smiley-face. Consider this an issue of resource allocation.  Letterjuice, a Brighton and Barcelona-based type foundry, posted a thoughtful essay on Unicode and language rights, which stated: