Search: crossing lines

...personal immunity applies at the STCoA, in the “bad” category. I’m putting it in the “good” category for two reasons. First, given that there is no argument that an STCoA created by the CoE and Ukraine qualifies as “international” within the meaning of Arrest Warrant, denying personal immunity to the so-called “troika” would violate international law. And second, I think the provision is actually pretty clever, going right up to the Arrest Warrant line without actually crossing it. The Arrest Warrant judgment basically prohibits any national exercise of enforcement jurisdiction,...

...leader of the rebels in the Central African Republic has vowed to announce a power-sharing government as soon as possible. This comes after he suspended the constitution and pledged to dissolve parliament. UN Secretary General Ban Ki-Moon has urged restoration of constitutional order in the CAR as swiftly as possible. An Egyptian prosecutor has ordered the arrest of five activists accused of inciting violence against the Muslim Brotherhood. Jordan has closed its main border crossing with Syria after two days of fighting between rebel forces and Syrian troops. North Korea...

...ISF will be responsible for securing borders, decommissioning weapons from non-state armed groups, and coordinating with relevant States to consolidate humanitarian corridors (para 7). Pitched as the ‘long-term internal security solution’, the ISF’s increasing control over Gazan territory will enable the IDF to withdraw from the territory based on timelines ‘that will be agreed upon between the IDF, ISF, the guarantors, and the United States’ (Annex, para 15). In sum, the Resolution establishes two bodies with coercive powers of extraordinary reach, subject to practically no checks and balances, and in...

...the target than conventional military operations would require — this is, after all, what makes it intelligence-driven targeted killing. In that particular aspect, covert action (again speaking loosely) ought to have standards that are higher than simply those that are and legally should be applied to that other use of drones – not targeted killing, but instead the targeting of a mass of combatants id’d as fighters crossing the Afghan border to fight Americans. (Drones have a role in both conventional warfare and special operations targeted killing, but the latter...

...in the 1994 Rwandan genocide. Canada has finalized its withdrawal from the UN World Tourism Office following the decision to appoint Robert Mugabe as tourism ambassador. The UN meanwhile disputes that it involves a formal appointment. Aung San Suu Kyi has warned against “reckless optimism” over the reforms in Myanmar and has asked foreign investors to focus on job creation to defuse the time bomb of high youth employment. An Israeli soldier and a Palestinian gunman were killed at a border crossing in Gaza this morning. The Italian Supreme Court...

...retroactivity to 10 May 2021. Thus, the ICC will have jurisdiction over the displacement of the Armenians the same way that it does over that of the Rohingya for acts of deportation “by expulsion or other coercive acts” under Articles 7(1)(d) and 7(2)(d) by virtue of victims crossing the border from a State not Party to a State Party to the Rome Statute (see here, para. 73). To the extent that such deportation targeted the Armenians of Nagorno-Karabakh as the Rohingya on impermissible grounds (e.g. ethnic, religious, political, or other),...

...of both state obligations and business responsibilities in relation to environmental and climate justice, topics I have explored inspired by the work of Knop and others. A relational approach flows easily if the starting point is international environmental law, rather than international human rights law. For example, physical border crossing movements of hazardous substances (such as air or water pollution) from a state of origin that impact the territory of a second state are generally understood as transboundary. This idea is reflected in Principle 2 of the Rio Declaration, often...

...that all exports to the United States have come to a complete halt. “We can’t sell a single box of tomatoes,” said Jesus Macias, sales manager at the Productora Agricola Industrial del Noreste in the border state of Baja California. “Mexican growers said their produce is subject to double the scrutiny that U.S. tomatoes face: inspected first by Mexican officials and then again at the border when crossing into the U.S.” The FDA salmonella warning provides a useful heuristic about the intersection between international trade litigation and investment arbitration. I...

...the Italian Department of Public Security: Data refer to disembarkation events recorded before 8 a.m. until 8 September 2023. Although it may appear that the most difficult and complicated part is the sea crossing, people arriving on European shores are faced with another part of the journey that is no less important for their future: the identification and asylum application procedure. Leaving aside the technical aspects of the latter, what is addressed here are the critical issues that the identification procedure entails with respect to the protection of personal data enshrined...

...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...

...prescriptions of the law; the focus being on maximizing the numbers by whatever means, without complying with the law.” In my view, the Supreme Court of Malawi’s departure from the quantitative approach is a welcome development because, it places the need to comply with electoral rules at the center of election management and litigation. In 2015, SADC Member States adopted a set of electoral principles and guidelines known as SADC Principles and Guidelines Governing Democratic Elections. These principles enjoin SADC Member states to ensure that they conduct regular, free and...

...(often decades), subject to judicial and political challenge, and prioritising resources to those most affected. The UN guidance on reparations remains declaratory on the norms for violations in war, and more recently we have outlined more specific best practices on how to implement such norms under the Belfast Guidelines. The efforts towards establishing a compensation claims commission for the war in Ukraine need to keep in mind that compensation by itself will not effectively remedy the harm caused and needs a nuanced approach to eligibility. Many reparations programmes developed at...