Search: crossing lines
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...
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...
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)...
16 Mar Silent Signals: Electronic Warfare and the Legal Grey Zone
...and French satellites were reportedly affected by activity traced to Moscow, Kaliningrad, and Pavlovka. Still, no state officially labelled these actions a breach of Article 2(4), showing just how much jamming exists in a legal grey zone. Nevertheless, space is a unique domain. Some counterspace technologies could displace a satellite from its designated orbit, leading to its effective incapacitation or permanent destruction, thereby crossing the threshold of a use of force. In other words, the line between reversible signal interference and a full-blown use of force can be surprisingly thin,...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...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...
28 Sep Human Rights as Human Rights: Generating Enforceable Human Rights Standards by Shifting the Intrastate Solution from Moral Rhetoric to Strategic Legal Discourse (Part II)
...these elements, and for which the citizenry can help to hold its government accountable, is the United States’ 2018 “zero-tolerance policy” concerning the separation of immigrant families upon entering the country. In writing, the policy intended to criminally prosecute 100% of immigrants crossing the United States-Mexico border with their children and without prior authorization. In practice, the policy not only deterred immigration, but punished children for action taken by their parents. This punishment included separating children from their parents and siblings for an indefinite period – sometimes for months at...06 Aug ICC Submissions and the “Continuing Violation” (Non-)Doctrine
...for fear that it might also shed light on the fate and whereabouts of the missing Swapo detainees. The NSHR also wants Nujoma to be tried for gross violations in the Kavango region, which borders Angola, between 1994 and 1996. At the height of Unita’s attacks on northern Namibia, Nujoma imposed a state of emergency and ordered security forces to shoot on sight anyone crossing or found near the border. The article betrays a complete failure to understand how the ICC operates. The fact that the Prosecutor is “weighing the...15 Aug Weekly News Wrap: Monday, August 15, 2016
Here’s your weekly selection of international law and international relations headlines from around the world: Africa At least 64 people have been killed in northeastern Democratic Republic of Congo (DRC) in an attack carried out by suspected rebels. Nigerian militant group Boko Haram has published a video apparently showing recent footage of dozens of school girls kidnapped two years ago, and saying some of them have been killed in air strikes. South Sudan said on Sunday it would consider the U.N.’s decision to authorize sending extra troops to the country...