Search: crossing lines
17 Sep Navigating the Human Rights Trajectory of the EU Migration and Asylum Pact in Search and Rescue Operations (Part Two)
...Safety Committee (MSC) Guidelines on the treatment of persons rescued at sea (Preamble, para 7). The Recommendation urges cooperation amongst Member States in relation to SAR operations carried out by NGO vessels in order to reduce fatalities at sea, protect the safety of maritime navigation and aim for effective migration management (para 1). It is interesting to note that the flag and coastal State are expressly mentioned. While the coastal State clearly refers to the SAR State, the reference to the flag State is not commonly found in the legal...14 Oct The Human Rights Quagmire of “Human Trafficking”
...pursue a border control agenda under the guise of promoting human rights. The Trafficking Protocol and its companion Smuggling Protocol have set a transnational duty to end all forms of unauthorized border crossing and conscripted states in regions of origin to abet the developed world’s efforts to stymie international migration, in particular by routinized implementation of generic deterrence schemes. Broad brush deterrent schemes of this kind tend perversely to promote human smuggling—and even trafficking—since they make unassisted migration that much more difficult, even as they do nothing to open up...
20 May Pandemic of Hunger Symposium: Population Transfers and the Civilian Toll of Starvation as a Method of Warfare in Syria and South Sudan
...UN Human Rights Council to dedicate its reports to the civilian impact of sieges, namely those in Aleppo and eastern Ghouta. During the siege of eastern Ghouta for example – the longest running siege in modern history – the Syria Commission documented how Government forces closed crossing points, cutting off civilian access to food, and simultaneously heightened aerial and ground attacks. Although elaborate networks of manmade tunnels were built in the enclave to secure access to food, Government forces had the upper hand and therefore many tunnels were closed as...
15 Mar Polish-Lithuanian-Belarusian Border Crisis and Ius ad Bellum Part I: Background and Key Findings
...3 836 arrivals. In October 2021, the Lithuanian Ministry of Internal Affairs reported that it processed approximately 1 289 international protection applications with only two applicants receiving refugee status. Simultaneously in August 2021, the number of intercepted crossings skyrocketed at the Polish-Belarusian border. From 1 January 2021 to 11 November 2021, Poland reported 33 000 illegal crossings. Poland responded by declaring a state of emergency at the frontier zone, the construction of barbed wire, and the redeployment of law enforcement and military forces. The most intense incident was reported on 8...06 May Jus Post Bellum Symposium: Omission Liability and Jus Post Bellum
...Since states ought to protect civilians from atrocity, they have the right to do so (up to and including crossing international borders if necessary under some versions of the doctrine). The structure of the RTP doctrine is the same; it imposes a soft form of moral liability for states’ failure to act — their omissions. At least it does if you take seriously the idea that there is a responsibility to protect. If a state violates this responsibility, then it is responsible for its omission. This is precisely why RTP...21 Jul Emerging Voices: Cyber Operations and the Prohibition of the Threat of Force
...be; conversely, the Tallinn Manual (p.45) considers it as amounting to a use of force. Could it be qualified as a threat of force? Stuxnet produced physical damages to an Iranian nuclear plant, and thus violated the principle of non-intervention and the sovereignty of the targeted State. Nothing prohibits qualifying as a threat of force an action crossing the border of the threatened State. For example, in 1996 a North Korean submarine ran aground on a South Korean beach, and the former denounced it as an act of war (ICB...23 Jul Symposium on Mann, Humanity at Sea
...to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an...24 Jun Upcoming Events: June 24, 2012
...1-2, 2012 entitled Crossing Boundaries (Word document), open to post-grads in the Asia-Pacific region. Deadlines of abstract submission (no more than 250 words) is August 31, 2012 at 5:00 p.m. Transnational Dispute Management has issued a call for papers for a forthcoming (January 2013) special issue on Corruption and Arbitration. The deadline for submission is July 31, 2012. The Irish Yearbook of International Law has a call for papers for a special symposium issue regarding Climate Justice in International Law (Word document). Submission deadline is August 31, 2012. ASIL’s Lieber...25 Jul Russia and the DNC Hack: What Future for a Duty of Non-Intervention?
...the most famous examples). As such, it’s difficult to say at present what relationship a State must have with nonstate hackers or hacktivists to bear responsibility for what they do. That may not be a bad thing overall, as one can imagine how a clear line might incentive States to proliferate behavior just short of crossing the line in lieu of being chilled from acting generally if the whole area is cast as a truly grey zone. That said, the ability to debate what international law requires in terms of...
08 Jun Conflict-Related Sexual Violence Symposium: UNODC’s Efforts to Address Challenges to Combat Trafficking in Persons, Especially for Sexual Exploitation
...UN Protocol’s definition has three core elements; act, means, and purpose of exploitation. While the term ‘trafficking’ evokes the image of border-crossing, the Protocol does not require any movement at all – indeed evidence to date suggests that internal trafficking is on the rise. The Protocol includes both ‘hard’ and ‘soft’ means of exploitation – from force or threat of force and abduction, such as seen with ISIS, to fraud, deception and abuse of a position of vulnerability. We know that emotional abuse and the humiliation of victims are two...