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Search: crossing lines

26 Oct

...malicious intent or not. It doesn't matter whether her researcher forgot to put the quotes before and after a lifted paragraph. Like jaywalking you can commit it without malicious intent. Plagiarism is an act, whether there is intent or not is immaterial. After crossing the street illegally you cannot say you have not committed jaywalking because you have no malicious intent on crossing or you forgot about the prohibition. For the majority to call the act as not plagiarism is to call white black. Sanction for the act is another...
26.10.10 | |

19 Jul

...Kevin, Didn't you argue for "social alarm" to be considered in determining situational gravity? Hostage Re: Is this a goal of the blockade? It doesn't matter if it's a goal. According to the guidance in Article 102(b) of the San Remo Manual a blockade becomes illegal if its effects on the civilian population become excessive. Once the UN Human Rights and ICRC IHL treaty monitoring bodies determine that it has, and put you on formal notice, then you risk crossing a red line by continuing to wilfully cause great suffering...
19.07.15 | |

17 Jul

...thought was really interesting, but the comment ended up being so long (over a 1000 words) that I posted it over at my blog. Just thought I'd let you know. Feel free to comment! I'd love to continue the discussion, whether here or over there. Francesco Messineo Xavier, A very interesting reply along lines similar to what I would have asked Tobias. The 'superiorem non recognoscens' criterion is perhaps satisfied by the EU from the internal point of view of EU law itself - the ECJ being the final settler...
17.07.10 | |

23 Apr

...Centennial Resolution on Laws of War and Detainee Treatment. The battle lines were drawn and the resistance of the top was fierce. Now many look back on that resolution as a shining moment of the ASIL. So this may be a shining moment for NYU if all powers can allow themselves to understand the profound sense of disarray and contradiction that the students are feeling. Or it may be an ignominious moment. It's the old praxis moment and people see how people line up when battle lines are drawn. I...
23.04.15 | |

30 Oct

Chris Borgen Roger: I agree with your analysis in your third paragraph. I think that the result is not only jurisdiction stripping (I think that occurs in the part saying that the Geneva Conventions may no longer be argued in the courts of the U.S.) but, more importantly, Congress stepping into the interpretive process. We know that Congress, in certain circumstances, can take jurisdiction away from federal courts but I think that telling courts how to interpret the law will be challenged on Separation of Powers lines. Bills trying to...
30.10.06 | |

30 Dec

...a signature strike setting as opposed to an individual strike because of the possibly more problematic intentionality even in LOAC for the criteria used in signature strikes (from what we read). At some point the lines for outrage for the 20 dead children at Newtown and some X number of children dead as collateral damage cross and that equilibrium point is reached. That point might be at 20 (Newtown) and 40 (drone strike). Or 20 (Newtown) and 400 (drone strike). Or 20 (Newtown) and 4000 (drone strike). But if the...
30.12.12 | |

06 Sep

...the Indian Ocean, and the South Pacific, was that an IAC or a non IAC, and what the heck does the South Pacific have to do with Gettysburg? In Vietnam when divisions of the NVA marched down the Ho Chi Minh trail and engaged US forces in the South, was that a NIAC because superficially they pretended to be Viet Cong, or was the an IAC because they were really part of the regular army of a country? When they established supply lines through Laos, and the US bombed those...
06.09.10 | |

15 Jun

...English language is not such that it could not said things were lost in translation here. Criticize Israel's actions in the raid if you want, but this statement of Netanyahu's does not do what you claim it does. Not by a longshot. Elliott To summarize, if he were referring to any forthcoming results he would have said something along the lines of "the results of this commission of inquiry will show that Israel acted legally in the raid on the flotilla...", or "this commission will no doubt conclude that Israel...
15.06.10 | |

23 Apr

...medical supervision and restrictive guidelines could be viewed as something less than torture. The authors clearly knew they were drawing black and white lines in a very gray area. And since the cite the fact that over 26,000 US servicemen have been waterboarded as part of their training since 1992 (and many thousands more before that), then either: (a) the US routinely tortures its own servicemen; or (b) at some level of intensity, waterboarding is not torture. The authors chose (b). Is that clearly irresponsible, or just a point on...
23.04.09 | |

29 Jun

Mark Kersten I absolutely love Eve of Destruction but will add two more recent anti-war songs by Michael Franti - Bomb the World (with the great line "we can bomb the world to pieces but we can't bomb it into peace) and Light Up Your Lighter (with the great lines "In the Afghan hills, the rebels fighting / Opium fields keep on providing / The best heroin that money can buy an' / Nobody know where Osama bin hidin'") Daragh Murray Great list!A couple of others I like are 'Handsome...
29.06.12 | |

06 Nov

...capture of persons who are DPAA. Jens Iverson Thanks for all of the comments. Marty, that is a great discussion, worth a read (or re-read). Thanks for the link, and your comments there. With regards to Emmerson's report (alternate link here, the UN websites are odd today for me: http://msnbcmedia.msn.com/i/msnbc/sections/news/UN_Drones_Report.pdf ) reading behind the lines, I think he agrees with the ICRC. It's true that statements of law like "If the criterion of continuous combat function is not met, then an individual who is otherwise affiliated with an armed group...
06.11.13 | |

13 Mar

...Afghan armed forces." http://www.janes.com/defence/news/misc/jwa011008_2_n.shtml Jane's Defense 08 Oct, 2001 "Of the 45,000 men available to the Taliban, Pakistani and Arab religious volunteers have played an increasingly important military role. The Arabs, deployed mostly on front lines north of Kabul, number an estimated 500 to 600 and form part of Osama bin Laden's `055 Brigade'. Pakistani volunteers are far more numerous. By mid-1999 as many as 9,000 to 10,000 Pakistanis were believed to be serving in Taliban ranks, some in combat roles and others in rear support, static guard and administrative...
13.03.09 | |