Search: crossing lines
07 Sep Departing from Peace-time Standards – the Prosecutors’ Perspectives
...courts are incapable of trying those accused of terrorist acts. The positions of proponents and opponents fall mostly along party lines. Conservatives favor some form of special-purpose tribunal to the unprecedented challenges. Progressives play down the novelty of the al Qaeda threat. But what do experienced professionals think? In this case, this means prosecutors with relevant experience. On Monday, the New York City Bar will host a discussion to illuminate this question. What has been the experience of trying accused terrorists in federal district courts? Former US Attorney Mary Jo...
25 Nov The Israeli Settlements Debate: Is the Creation and Enforcement of the International Norms a Multilateral or Bilateral Issue?
...bilateralism path comes with a caveat. No red lines of international legality should be passed as these are most notably marked by jus cogens norms. Moreover, States should be aware that the bilateralism path is slippery and can ultimately undermine humanity’s efforts to establish law and order in the international scene, having wider implications on the incentives of States to obey rules and decisions promoted by international multilateral bodies. To the extent that States know that, irrespective of what is decided in international fora, governments can get out of the...
10 Jul Conclusion to the Symposium on Art, Aesthetics and International Justice: The New Geometries of International Justice
...and suggestive of further discussion. There are three groups of comments that I want to address. Firstly, Tianying refers to the need for more research into the non-visual fields of perception and how they relate to international justice. Along similar lines, Elizabeth discusses the power of justice to move, speak and sing in some African traditions. Secondly, Jed and Sofia mention the often-held assumption that art belongs to the domain of the elites or, in the language of marketing, is a ‘nice to have’ and not an essential in rebuilding the...
01 Aug Options for a Peace Settlement for Ukraine: Option Paper XII – A Dynamic Political Settlement: Adapting to the Evolving Post-agreement Context
...recurrence of conflict can be avoided. For instance, one of the major stumbling blocks in the implementation of the Minsk agreements, was parties’ competing interpretation of the sequencing of local elections, with the central government claiming that such steps can only be undertaken following a full withdrawal of foreign forces, while Russia maintained that elections ought to be held without delay. Such avenues ought to include a clear alternative pathway out of a deadlock created by an inability to adhere to settlement timelines (‘fall-back mechanism’). While such timelines are critical...
13 Aug Climate Wars and Jus ad Bellum: Part II
...Security Council is unlikely to authorize any use of force against climate rogue states, not least because many of the permanent members are among the worst contributors to climate change. There will be calls for other avenues of approval, such as through the General Assembly, along the lines of the Uniting for Peace Resolution. But we may also predict that there will be increasing pressure to expand the exceptions to the prohibition on the use of force in the jus ad bellum regime, either by relaxing the conditions for self-defense,...
13 Aug Climate Wars and Jus ad Bellum: Part I
...under Art. 42 of the Charter. When that fails, it is not that large of a leap to imagine states claiming a collective but unilateral right to threaten or use force against climate rogue states. Even just establishing the putative validity of such acition will be considered important as a means of shaping rogue state behavior. Force would be seldom if ever used, just as it has been rarely used against nuclear rogue states—and if used, it would be surgical strikes along the lines of the Israeli Osirak action in...07 Jun Obama’s Historic “Children of Abraham” Speech
...beyond the old system of imperialism, militant nationalism, and the balance of power. I cannot help but see the strong parallels with Obama. He has the genuine ability to speak directly to the people, and appeal to a better future, creating momentum for change that cannot be ignored by the stale leadership of the Middle East. Here is my outline of the seven key issues he discussed, together with the applause lines (averaging one per minute): Violent Extremism: We’re not at war with Islam, we are at war with extremists....25 Jun So Far, the “Apology” Hasn’t Helped
...After all, it was he who insisted that Libya would release Taylor if the ICC “apologized” for her actions. Either Libya lied to him and he took its representations at face value or he simply assumed that an apology would lead to Taylor’s release. Neither scenario makes him look very good. Nor, unfortunately, is that all. Reading between the lines of a recent Sky News report, it seems that Taylor is still under the control of the Zintan rebels, not the Libyan government: Despite repeated requests, Ms Taylor has not...28 Apr NETmundial, Borders in Cyberspace, and a Duty to Hack
...to draw lines separating acceptable from unacceptable behavior, permitted conduct from required conduct, etc. I’ve drafted a new chapter that, in the context of cyber war, examines both the ways we draw law from borders and borders from law in cyberspace. I critique the status quo on both theoretical and functional grounds, concluding that we should seek to start a new process not just for constructing governance regimes, but normative ones as well. Consistent with the book’s central focus on cyber war, I proffer a case-study for such an approach...