Search: crossing lines
03 Sep Washington Post Stories on the CIA and JSOC – and My Prediction of Harold Koh’s Legacy as Legal Adviser
...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...01 Jun Weekday News Wrap: Friday, June 1, 2012
...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...
01 May Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Human Rights Relationships Across Borders in the Triple Planetary Crisis
...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...18 Jun The Great Tomato Trade Wars
...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...
07 Feb Biometric Data, Data Protection Authorities, and Migrants: A Complex Nexus
...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...
18 Jul One Ship and Three Identities: What Is International Law Tracking?
...and identity- at least 17 times, continued to disappear from tracking systems while crossing the Strait of Malacca and the waters off Sri Lanka, eventually emerging with a different name. That raises a question: what was being tracked? And how? Was it the ship’s flag, its registered or documentary identity, satellite imagery of the ship, its physical appearance, or its AIS-transmitted data? The United Nations Convention on the Law of the Sea (UNCLOS) was drafted around a ship’s flag, physically verifiable information, and registration, not real-time digital ship data. This...
03 Feb Rule of Law or Law of Rule: UNSC Resolution 2803 as Anathema to International Law
...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...
18 Oct Public Statement: Scholars Warn of Potential Genocide in Gaza
...already been displaced, and Israeli forces have bombed the only possible exit route that Israel does not control, the Rafah crossing to Egypt multiple times. The World Health Organisation published a warning that “[f]orcing more than 2000 patients to relocate to southern Gaza, where health facilities are already running at maximum capacity and unable to absorb a dramatic rise in the number patients, could be tantamount to a death sentence”. There has also been an escalation of violence, arrests, expulsions, and destruction of whole Palestinian communities in the occupied West Bank...25 May A Breath of Fresh Air as the Supreme Court of Malawi Breaks Rank with Its Own Precedent and Peers in Southern Africa: Part 1
...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...