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Search: crossing lines

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 | |

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 | |

13 Jun

...what you do. Bright lines I suspect require good faith compliance with legal rules - center of the rule rather than exotic analyses. I would note the transposition of time is difficult because the court-martial mechanism of the US during WWII was subject to significant unlawful command influence that was part of the reason for the reforms of the UCMJ in the 1950's. Military law specialists can walk you through that. The case of the Admiral's sone who was hung from the yardarm in the 19th century comes to mind....
13.06.08 | |

15 Mar

...would skirt the CLCS process -- seems farfetched. I really doubt that all other states would agree to any end run around the Convention process that they have so long and so fully endorsed, in name and in practice (via submissions to the CLCS). Nor, I suspect would the U.S. itself regard the outer limits line as something to be agreed upon through a series of bilateral arrangements. States regard the setting of outer limits lines -- lines between the continental shelf and the Area -- as unilateral acts (to...
15.03.10 | |

23 Nov

...Maybe someone should review that for IHL? SMM Disagreeing with an earlier response... The fact that much of our young culture today is indoctrinated with plots and story lines from movies, television shows, and now video games it seems increasingly likely that these sort of plot developments and exposure to violations of International law could very easily have a lasting effect. Being a young male I have several friends who have joined the armed forces simply because they enjoyed the idea of being able to be a real life "First...
23.11.09 | |

01 Jun

...capacity the offender was acting. I’m always suspicious of terms like “most” or “few.” The real question is who (big states or little ones?) believes that. The Kuwaiti proposal was that “any person, whether acting on his own initiative or on behalf of a government, commits an offence...” I don’t see how that doesn’t effect state responsibility. On the one hand, international law is holding more and more people individually accountable for actions done under orders. On the other hand, along the lines of the United States’ reason for not...
01.06.10 | |

08 Aug

...(and the second sentence of Article 2(1) says that this commander is Russian) (http://smr.gov.ge/uploads/file/jpkf/1994-12-06%20Resolution_JPKF_Eng.pdf). The idea of 'restoring peace' seems to be something along the lines of what Russia has been saying, but I don't think that this would help much on its own. I am not entirely sure where one would put a decree by JCC in terms of treaty interpretation (since JCC has a Russian, S-Ossetian and Georgian members, perchance it is subsequent practice as per Article 31(3)(b)?). In any event, the text and context suggests that what...
08.08.08 | |

15 Apr

...the threat or use of force to violate international lines of demarcation, such as armistice lines, established by or pursuant to an international agreement to which it is a party or which it is otherwise bound to respect." Though the war may have been between the Koreas, this does not necessarily mean that the Armistice Agreement (see S/3079, available through UN ODS) only binds those States. Of course China also is a party to it, but more importantly General Clark, Commander-In-Chief of the United Nations Command committed the United Nations...
15.04.13 | |

04 May

...Manual the final word? Can you slap a prisoner to make him think you mean business? Can an interrogation go on for 24 or 36 hours? Lines can be drawn. Yoo drew them in ways that many found unacceptable. Obama has drawn them at the AFM. Forget about law for a moment, where does morality demand that they be drawn? Benjamin G. Davis I like to stay away from the morality part of this because settling moral debates is beyond my limited competence. I focus on law, cases and authorities...
04.05.11 | |

30 Apr

...it. We were involved in the anti-Israel events, which resulted in victories in the 33-day and 22-day wars. And from now on, wherever a nation or a group fights and confronts the Zionist regime, we will support and help it, and we are not at all afraid of saying this.” That morsel was a short-hand declaration of Iran’s direct support of Hezbollah’s 2006 and Hamas’ 2008 katyusha rocket wars, on Jewish civilians inside the 1949 ceasefire lines. (In this context, it bears noting that Hamas’ and Hezbollah’s targeting and firing...
30.04.12 | |

08 Jun

...You can find it here: http://972mag.com/what-is-ngo-monitors-connection-to-the-israeli-government/90239/ That said, it is always amusing to see Steinberg accuse others -- in this case, nearly a thousand others -- of bias. People in glass houses and all... Gerald Steinberg Heller pulls out Fox News and the "exploration of the possible ties". Next, we will go to the latest evidence that Malaysian Airlines 370 was hijacked by little green men from Mars. Priests do faith; academics are supposed to use verifiable information and falsifiable explanations. Kevin Jon Heller That, my friends, is what we...
08.06.14 | |

21 May

...to an armed conflict, IHL requires that they remain in place until the conflict ends with a surrender, peace treaty, or battlefield victory. So it would be a very poor legal strategy for anyone actually involved in the process (as to be distinguished from someone commenting from the sidelines) to build a strategy around an assumption that the courts will find that this is an NIAC or IAC. Rather, the safe position to take is that US policy is equally valid in either case, as Koh's statement indicates. Howard Gilbert...
21.05.11 | |