Search: crossing lines
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...
26 Jun A Libyan Playground for Foreign Powers: Presenting the Case for ‘Negative Equality’
...other military equipment. Over the course of six months, the Turks tipped the scales squarely in favour of the GNA – with a battle currently looming over the strategic coastal city of Sirte. Haftar’s foreign backers – including Egypt, the United Arab Emirates, Russia and France – were left scrambling to formulate a firm response. That response came on Saturday 20 June, when Egyptian President Abdel Fattah El Sisi boldly declared Sirte and the inland al Jufra air base a red line, the crossing of which would trigger a direct...
05 Aug Playing by the Rules: Ceuta, Coercive Migration, and the Solidarity That Never Came
...return of those intercepted at sea — a judgment whose distorted online readings helped trigger the crossings. The gap between 60,000 arrivals and any conceivable individualized examination is not a technicality. It is the first thing every critical reader will notice. There are, however, three answers available to Spain, and they are stronger than the headline suggests. The first is doctrinal. In N.D. and N.T. v. Spain, the Grand Chamber of the European Court of Human Rights held that applicants who take advantage of a mass, unauthorized crossing — using...
03 Nov Eroding Sovereignty in the Age of “War as a Service”
...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...
30 Apr Beyond Containment – Confronting Racial Hierarchies in International Law: Designing denial of reparations – Race, the UN Guiding Principles on Internal Displacement and Climate IDPs
...not crossing the borders of their own states, racial injustices are embedded within the Guiding Principles, preserving both white innocence and white epistemic authority within international law. Consistency with white supremacist desires Scholarship and public discourse on race and climate-related displacement have largely focused on cross-border movement. However, racism at the intersection of displacement and climate change is also evident even when those displaced by extreme weather events – such as droughts, floods and cyclones – remain stranded within their national borders. The UN Guiding Principles on Internal Displacement illustrate...
11 Jan Taylor & Francis’s Really Bad Publishing Idea
...— 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...06 Sep ICC Says Trump Can Be Prosecuted for Crimes Against Humanity Involving Mexican-Americans
...(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...
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...