Search: crossing lines
15 Feb Luban on the Ethical Implications of the Torture Memos
...that no one has ever been disciplined for this kind ethical line-crossing when it comes to “candid advice-giving.” And, at least as regards the Geneva Conventions question, the client (President Bush, through his counsel, Alberto Gonzales) had access to the alternative view put forth by State. It nonetheless is an important discussion of slippery slope of ends-based advocacy, one which bears discussion with our students. No doubt, there are strong views on where the ethical line is appropriately drawn. To promote open discussion of this issue, ASIL has placed it...
16 Dec When Tech Disrupts Faster Than Rules Adapt: Drafting Emergency Guidance for AI-Affected Evidence
...Women, Peace, & Security (WPS) framework and its four pillars, or the positive peace framework and its eight pillars). The term reflects our understanding that, while it is still too early for best practices in this time of uncertainty, fact-finders would benefit from foundational ‘scaffolding’ to help guide their decision making. This section outlines four of the eight pillars, focusing on the pillars that are built on broadly applicable (digital) evidence principles. Each pillar’s description outlines our methodological approach to its development, where it: 1) identifies the evidentiary principle; 2)...11 Jul A Canal Runs Through It
...feet apart with hazard signs in English and Spanish (apparently not every canal-crossing large mammal is bilingual). But ladders won’t cut it, plaintiffs argue, and many more deer will drown if they are forced to climb canal ladders rather than traverse escape ridges. That argument works, right? No. Why not? Well, the problem is there are no large American mammals trying to cross the All American Canal! The court concluded that following a year of deer tracking and aerial surveillance there was no sign of deer in the area in...
03 Jan The ICC Prosecutor’s Double Standards in the Time of an Unfolding Genocide
...statements shortly after the start of the Russian 2022 invasion. A Shift in The Prosecutor’s Approach to the Palestine Situation Since the 29th October 2023 The Palestine situation constitutes one of most widely documented contexts of alleged commission of international crimes. It took to the Prosecutor 23 days since the Hamas attacks (1,139 killed in Israel and 8.005 deaths in Gaza, including 3.324 children), to take direct and public action in the situation in Palestine. On 29 October, Khan visited the Rafah crossing point between Gaza and Egypt, which was...
05 Feb The Ethnic Cleansing-Genocide Nexus
...and an intent to destroy a protected group. The Krstić Chamber in the ICTY wrote that Bosnian Serbs sought the “physical disappearance” of Bosnian Muslims in Srebrenica, which was reflective of genocidal intent. Additionally, the Chamber in Karadžić observed that the conduct in Srebrenica was “devised with the intent to permanently remove the Bosnian Muslim population living there,” suggesting that aspirations of ethnic cleansing can simultaneously exist alongside genocidal intent, crossing the threshold of genocide. This led the Krstić Chamber to declare that genocidal intent can be inferred from both...05 Sep Stephen Walt’s Advice to Would-be Foreign Policy Wonks: Study International Law!
...suspicion that international law is a pretty weak instrument, especially when dealing with great powers. Nonetheless, states and other international actors use international law all of the time, and they certainly invoke it to try advance their own particular interests. So it’s good to have some idea what international law is, how it works, and what it can and cannot do. One of the challenges for IR students is that not all political science departments offer international law on a regular basis. Crossing campus to take international law at the...17 Sep Israel Shows Its Contempt for Academic Freedom
...and Capitalism and Class in the Gulf Arab States (Palgrave Macmillan, 2011), as well as numerous academic articles. This act of denial of entry and deportation by the Israeli state and its agencies is part of a systematic policy of denial of entry to international academics, professionals and activists intending to visit Palestine. This policy represents an attack on Palestinian academic freedom, and is routinely practiced at the two entry points, the airport in Tel Aviv and the Jordan valley crossing from Jordan. Israel is truly the Donald Trump of...
09 Aug Solidarity “A La Carte”: The EU’s Response to Boat Migration
...conclusion, given the above, we argue that informal, partial and ad hoc solidarity seems to have taken asylum policy back to a pre-CEAS intergovernmentalism approach which threatens the EU credibility and legitimacy in this area. It does so by circumventing the solidarity obligations in the EU treaties. The structural flaws of the Common European Asylum System (CEAS) including the failure of the Dublin Regulation is the backdrop against which current trends discussed above must be understood. The situation of the rescued migrants and refugees crossing the Mediterranean should be compared...
09 Dec Symposium on Forensic and Counter-Forensic Approaches to International Law: Genocide in Gaza – Earth Observation, Surveillance, and the Politics of Control
...makes clear that Israel’s genocide in Gaza includes forcibly displacing and concentrating survivors. After the 13 October 2023 order, which forced 1.1 million people to flee the north in 24 hours, satellite and aerial imagery captured a militarized boundary splitting the Strip and an east–west bulldozed corridor near Wadi Gaza that closed people south. At the Salah al‑Din crossing, overhead images show new Israeli checkpoints where civilians were bottled up, harassed, and in some cases shot for trying to return, mapping coerced herding that turned vast areas into a “no‑man’s‑land.”...