Search: {search_term_string}
14 May Brookings Conference on Legislating Counterterrorism
...deal with the threat, and they vote. And that settles it. There are numerous details to be worked out, of course, such as what happens to people and intelligence "in the system" when the counterterrorism condition decreases. This is an over-long blog comment already, and I don't want to go on forever, but let me give a broad-brush example of how this might work. Let's take long-term detainees. We would want to hold persons detained in counterterrorism operations over the long term for two reasons: (1) because we can convict...17 Mar YLS Sale Symposium: Sale’s Legacies
...confirmed that a “State is bound by its obligation under Art. 33 not to return refugees to a risk of persecution wherever its exercises effective jurisdiction” and “an interpretation [of Article 33 of the Refugee Convention] which would restrict the scope of application …to conduct within the territory of a State party would be contrary to” that treaty’s terms, object and purpose and relevant rules of international human rights law. In 1993, I predicted that a string of such “international rulings [critical of Sale will] “show …that adverse U.S. Supreme...01 Aug Taking — and Winning! — the Bernstein Challenge
...of the bodies themselves.A local resident coordinating the recovery effort estimated to Human Rights Watch that approximately twenty-six bodies remained under the rubble as of July 31,[54] but other residents estimated that as many as forty-two are missing after the attack.[55]Two Human Rights Watch researchers visited Srifa briefly on July 31, as local residents recovered the heavily decomposed body of one female victim.The researchers saw no signs of Hezbollah military activity in the village, such as weapons, military equipment, or trenches.The researchers did count at least thirteen homes that had...
11 May Symposium on ‘Marketing Global Justice’ – A Letter on Kafka, Coca-Cola, and Vergès
...its gates in search of something important; it is desirable to enter through the gates. Victims of injustice may come before the law to search for remedies of their injustice. But there are gatekeepers. The plural, by the way, is true to the original. I am powerful, says the first gatekeeper. And I am only the most lowly gatekeeper. But from room to room stand gatekeepers, each more powerful than the other. I can’t endure even one glimpse of the third. International Criminal Law promises justice, but the gatekeepers stand...
30 Oct The EC’s Guidance on the Facilitation Directive – Ending the Criminalisation of NGO-led SAR Operations?
[Malcolm Wu is an LL.M. candidate at the London School of Economics and Political Science.] Introduction As highlighted by Mudukuti and Gauci and Karageorgiou, the criminalisation of NGOs and human rights defenders (HRDs), notably within the context of search and rescue operations (SAR), has been on the rise in the EU since its migration crisis in 2015. A substantial role in this controversy belongs to the broadly-drafted Facilitation Directive 2002/90/EC which renders NGOs and HRDs liable for human smuggling for rescuing distressed migrants at sea (Amnesty International 2020 Report, para....15 Feb "Google Bombing" Ahmadinejad and Radical Islam
...the top post in a Google search for Ahmadinejad is an October 2005 BBC profile, followed shortly thereafter by an antiseptic Wikipedia profile and a positive June 2005 profile in Al Jazeera. All three are out-of-date, inaccurate, and make no mention of the current threat that he has become. By contrast, the top post for a Google search of his alternative spelling of “Ahmadinejah” is my post on the “The Madness of Mahmoud Ahmadinejah.” It is incomplete, but more accurately gives voice to the true threat that is Mahmoud Ahmadinejad....02 Jul Taylor Released! (Though Not Because of Carr) (Updated)
...To begin with, Taylor’s immunity not only prohibits her prosecution; it also prohibited her search and detention. If Libya recognized her immunity from the beginning, it made a calculated decision to violate its cooperation obligations when it searched and detained her. Moreover, if Libya knew that it could not prosecute Taylor, it had no legitimate reason to keep her in custody for nearly a month — its sole remedy for her alleged misconduct was to expel her from Libya and file a complaint with the ICC. That Libya did not...
24 Jul On Sanctions and Deregistration of Vessels: The Recent Practice of Panama
...currently undertaking nuclear proliferation activities, the Ship Boarding Agreement can be invoked by the US for boarding and searching Panamanian vessels. Furthermore, due to the new “comprehensive” nature of the sanctions against Iran, the US decided to target the Iranian oil and gas sectors through economic measures. Under an ordinary interpretation, neither oil nor gas would be the subject of a board and search operation under the Ship Boarding Agreement, as long as they are not used to produce or enrich fissile material. But it is very likely that an...28 May Law of the Sea Symposium: A Comment on Seline Trevisanut’s post
...seas including the Indian Ocean where several vessels carrying asylum seekers attempting to reach Australia have foundered, and there has been significant loss of life. The death toll from the 20 vessels that have sunk en route to Australia since 2009 now stands at nearly 900. There is an urgent need to clarify the international legal duties upon states to ensure that such tragedies are avoided, and that when sinkings do occur that search and rescue authorities respond promptly and effectively. As Seline explains, there remains uncertainty, in some situations,...19 Feb UN Criticizes Switzerland for Amending its War Crime Law
...“close link” required by the new Article 9. New Article 9 also seems to contradict Switzerland ’s obligations under the Geneva Conventions and Protocols I and II, all of which Switzerland has ratified. States that are party to the Conventions and Protocols are required to search for a person suspected of grave breaches of the Conventions and of Protocol 1 and either (1) prosecute him in the appropriate national court, (2) extradite him to a state party willing to do so, or (3) surrender him to an international criminal court:...