Search: crossing lines

...state from direct ownership of its technological foundations means its digital sovereignty is contingent and reversible. It exists only so long as those that host its data permit it. In physical terms, data centres are fixed installations subject to territorial law. In functional terms, however, they form a transnational terrain of power that no single state controls. A classified dataset may reside on servers located in multiple jurisdictions, connected by fibre networks crossing oceans. Encryption and access protocols create enclaves of virtual territory that can be expanded, contracted, or deleted...

...— or any non-self-interested scholar who still has to pay for daycare — will want to be a reviewer for the Haute Bourgeois Track. And what do you think will happen to a reviewer lucky enough to wrangle an invite if she suggests rejecting the Haute Bourgeois Track article, thereby not only depriving T&F of its $7000/€6200/£5500 payday but actually costing them money, because they will still have to pay the reviewer for her rejection? Do you think T&F will keep sending her articles, each time crossing their fingers in...

...the law clearly proscribes. Indeed, prior to the AIPAC case five years ago, the government had never invoked the Espionage Act against any third-party recipient of the leaked/stolen information, focusing prosecutions entirely on the direct culprit. Of course, going after Assange is not the same thing as going after the press politically. And that’s not an insignificant point. But it is basically the same thing legally — crossing a proverbial Rubicon that even the most secrecy-obsessed, First Amendment-indifferent administrations have consistently refused to attempt to bridge. I leave it for...

...(2) preventing civilians from crossing the border into their state of nationality is an act that takes place on the territory of the state they are trying to leave. Here, Donald Trump’s policies are unlawfully preventing Mexican-American civilians from returning to their state of nationality, the US, from the territory of Mexico, a state party. There is little question that enough Mexican-Americans are being prevented from returning to the US to satisfy the “widespread or systematic” contextual element of crimes against humanity. The ICC thus has jurisdiction to prosecute Donald...

...60 round trips per month crossing the 180-kilometre (112-mile) Taiwan Strait separating the island from China. For the most part these stories have focused on the economic and political aspects of these deals, i.e., looking at how business pressures moved the two sides together, the thawing of relations this signals, and the backlash within Taiwan that’s emerged to what some perceive as capitulation to the PRC by Taiwan’s government. I’m interested, however, in the legal implications of these deals. I haven’t been able to locate copies of the agreement texts,...

...the aim of patrolling Libyan waters and brings intercepted migrants back to Libya. As the result of these these skewed agreements and policies which are contrary to EU refugee regimes and the principle of non-refoulment a cornerstone of the international refugee protection, many refugees became victims of many violations of human rights, and death in the sea. Many Eritreans were intercepted by Italian sea patrol and returned back to Libya where they faced imprisonment in harsh conditions for years. Furthermore, hundreds of Eritreans who took the risk of crossing the...

...Spiegel coverage here. Lebanese soldiers traded fire with Islamist gunmen and shelled areas around the border town of Arsal on Sunday aiming to roll back the biggest incursion by militants into Lebanon since Syria’s civil war began. Some 200 people have been granted passage into Tunisia through the Ras Jedir border crossing, before Tunisian officials again closed the border after just a few hours, as heavy fighting rages in neighboring Libya. Americas A U.S. reconnaissance plane crossed into Swedish airspace last month as it sought to avoid being intercepted by...

...onto the high seas and only “indirectly” deported into the territory of a state party. Deportation’s “essential element” of crossing an international border would thus have taken place in Syria and on the high seas — not on the territory of a member state. This is the importance of the OTP’s repeated insistence in its request (see paras. 4, 13, and 28) that only direct deportations activate the Court’s jurisdiction. In the second scenario, where the civilians are directly deported into a neighbouring state’s territory, a positive outcome to the...

...borders and suspension of new and on-going asylum applications Following the outbreak of the COVID-19 pandemic, the majority of EU Member States introduced restrictions for third-country nationals crossing the EU’s external border. In some cases, EU Member States banned entry to asylum applicants (Cyprus, Greece, Hungary) or declared their ports “unsafe” (Italy and Malta). Other Member States (like Belgium) closed their arrival centers, ultimately restricting access to asylum. The state of emergency due to COVID-19 declared in Hungary, led to the suspension of the right to apply for asylum. In...

...ICC jurisdiction over the situation in Gaza. If the ICC is to become involved in the most heavily politicised conflict in recent history — and I think the likelihood the OTP would act on even a proper request is essentially zero — there should be no doubt whatsoever about either Palestine’s desire for an investigation or the ICC’s jurisdictional competence. If we’ve learned anything about the conflict in Gaza, it’s the importance of always crossing the legal “t’s” and dotting the legal “i’s.” UPDATE: Multiple sources are reporting on Twitter...

...in the South China Sea, to bolster its sovereignty claims in the area. The Philippine president, Benigno Aqino, has said he will not back down from China regarding the disputed Scarborough Shoal in the South China Sea. For the first time, Egypt has loosened the restrictions on Palestinians temporarily entering the country at the Rafah border crossing A US drone struck in Pakistan, killing 12 suspected militants. At the request of the EU, the US and Japan, the WTO Dispute Settlement Body has established a panel to consider China’s export...

...not contain substantive definitional provisions, the inclusion of these definitions in the Ljubjana-the Hague Convention serves two critical functions in the fight against impunity. First, by requiring and facilitating domestic criminalization, the Convention empowers victims to report violations within their jurisdictions, as well as, in the jurisdictions of other State Parties, enhancing prospects for effective investigation and potentially prosecution, thereby strengthening the fight against impunity. Second, the coherence established among State Party jurisdictions streamlines legal processes and cooperation in investigating and prosecuting offenders, particularly in cross-border cases, reducing the number...