Search: crossing lines
10 Apr Implications of the Rohingya Argument for Libya and Syria (and Jordan)
...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...29 Jun The COVID-19 Measures Impact on the Rights of Migrants and Refugees in the EU
...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...05 Aug Bar Human Rights Committee of England and Wales Asks OTP to Investigate Gaza (Updated)
...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...24 Jul Weekday News Wrap: Tuesday, July 24, 2012
...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...
26 Jul Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – Closing the Impunity Gap: The Prospects and Potential of the Ljubljana-The Hague Convention
...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...27 Oct The Washington Post’s Three Article Series on “The Permanent War”
...to go to Congress to get legislation and, in effect, a political announcement that the two political branches have reached agreement on policy and law in these contentious areas, political and policy stability is much weaker. This particularly so given that the default position of any opposition party is to criticize-on-autopilot, especially when votes in Congress have not locked at least some of them in, including perhaps Congressional leadership, and reduced their ability to kibitz from the uncommitted sidelines. If this “pivot” or at least indifference by Democrats under a...
02 Mar Deterring the Next Invasion: Applying the Accumulation of Events Theory to Cyberspace
[Michael McLaughlin is a cybersecurity attorney and policy advisor in the Washington, D.C. office of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. He is the former senior counterintelligence advisor for United States Cyber Command and a research affiliate for the Applied Research Laboratory for Intelligence and Security. He holds a Bachelor of Science from the United States Naval Academy and a juris doctorate from the University of Maryland School of Law.] After years of conducting destabilizing activities worldwide with impunity, Russian forces crossing the Ukrainian border proved to be a...13 Mar YLS Sale Symposium: The European Union Policy on Refugees and Its Effect on Eritrean Refugees
...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...02 Dec Steve Vladeck on WikiLeaks
...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...
31 May IHL Application in the Context of a NIAC: An Issue in Ecuador?
...this post, I argue that crossing the threshold of a NIAC (non-international armed conflicts) with the State endorsing this qualification very quickly can be problematic in relation to some aspects, especially for the resulting facilitation of rules of engagement. The application of IHL rules pertaining to NIACs is triggered on the basis of two cumulative criteria: the intensity of the conflict and the degree of organization of the belligerent non-State party. As stated above, it seems that in the case of Ecuador, this threshold has been reached. The army is...