Search: crossing lines
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...22 Mar LJIL Symposium: Thomas Weigend comments on James Stewart’s “The End of ‘Modes of Liability’ for International Crimes”
...who has ever ploughed through the intricacies of the distinction among several modes of liability, be it under domestic or international criminal law. The lives of judges, advocates and law students alike would be easier if they did not have to worry about the fine lines between aiding and committing, or between instigating another person to commit a crime and using that person as an (“innocent”?) agent. With regard to the law of complicity, it is not difficult to find examples of contradictions and inconsistencies in the jurisprudence of international...25 Oct Theories of Corporate Liability in the ATS, a Quick List
...is so or not, it made me think that having some bullet point list in my head of the main lines of argument in favor of corporate liability was a useful exercise. Feel free to add any more you like in the comments. The reason I stress here arguments in favor is that, as someone who thinks it is not the case, it is harder for me to think of the arguments for corporate liability. The affirmative arguments against corporate liability seem to be mostly variants of saying, the ATS...14 Oct Carsten Stahn Guest Post: On Intervention, Narratives of Progress, Threats of force and the Virtues of Case-by-Case Assessment–A Rejoinder to Koh (Part III)
...third important factor in the debate is role of context. Koh seeks to draw an analogy to domestic law to justify a new exception. He uses the example of ‘ambulance’ drivers who are permitted to cross red lines in accidents. This comparison is appealing, but shaky. It presents intervention as a ‘clean’ and ‘neutral’ recipe that can be used to address the underlying dilemmas of conflict. This premise is questionable. Intervention is not like targeted medical surgery and interveners are typically not simply ‘neutral’ and ‘benevolent’ humanitarians. Symbolically speaking, this...
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...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...
09 Aug Muddying the Waters: A Reply to Kay and Kern on the Statehood of Palestine and the ICC – Part II
...this resolution knowing that Palestine had been given observer state status in the organization. The same Security Council resolution also made it clear that it would “not recognize any changes to the 4 June 1967 lines, including with regard to Jerusalem, other than those agreed by the parties through negotiations”. Evidently, Palestine’s borders are the 4 June 1967 lines. Another Red Herring The argument that Palestine cannot purport to be a state because it lacks effective control over all of its territory is another red herring, when it is Israel...
03 Jun Brazil Fights Itself: Climate Litigation Against Incoming Backfire
...Strategic Plan for Protected Areas (PNAP) and international instruments, being the UNFCCC, the Paris Agreement and the Rio Declaration the ones most cited. These legal instruments have been combined with strong lines of legal reasoning arguments such as the responsibility and solidarity to the rights of future generations, the State’s fundamental duty to protect the environment, the claim for a fundamental right to climate stability and the principles of prohibition of insufficient protection of the environment and of socio-environmental and ecological retrogression. IV – …against incoming backfire The interweaving of...