Search: crossing lines

...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...

...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...

...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...

...of the Rome statute. The ICC Prosecutor’s mandate according to his office’s policy papers includes not only investigating and prosecuting but also monitoring the situations investigated by his office and performing an early warning function to deter and prevent international crimes. The Prosecutor’s public engagement on the situation in Palestine before October 7th was scarce, as no statements were issued on the situation in Palestine. Recently, the Prosecutor went to Rafah crossing in Egypt and filmed brief remarks, then held a press conference in Cairo without taking any questions from...

...submission for the Symposium on ‘Development Aid: Charity, or an Oppressive Tool of Inequality?’ This Symposium invites papers from scholars from the Global South and elsewhere who are interested in critical international law scholarship on development aid, with the ultimate goal of finding reformative solutions that will ensure self-reliance of the Global South. Interested scholars can contribute to the Symposium within the extended deadline of 5 April 2021. The details contributing to the blog can be found here. Events European Court of Human Rights’ Webinar on ‘Border Crossing and the...

Calls for Papers 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. The University of Sydney is hosting a post-graduate conference on November 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. The Whitney R. Harris World Law Institute at Washington University School of Law is holding The...

...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...

...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...

...status quo that pushes all belligerents back into compliance with the principle of non-use of force in international relations, particularly in settling territorial disputes, as expressed in Articles 1(1) and 2(3) of the UN Charter and Principle I, UNGA Resolution 2625 (XXV). The 2020 ceasefire agreement which put an end to the so-called Second Nagorno-Karabakh War, which resulted in Azerbaijan recovering roughly seventy five percent of the territory previously detained by Armenia and the so-called Republic of Artsakh, saw the attribution of a Russian military contingent to guard the armistice lines laid out...

...20 of the concurring opinion of van den Wyngaert, J. The Prosecutor’s attempt to synthesize common principles from parallel lines of jurisprudence is therefore welcome; however, if it succeeds it will do so against the run of play. Nevertheless, such harmonization is arguably possible. The principles underlying perpetration by means were canvassed at the international level well before the ICC and ICTY existed, in the same body of sources that ground what is now termed JCE doctrine. Consider, for example, the first treaty provision on parties to offences, Article 6...

...Eurocentric legality, or at least European epistemology, a critique that cannot be subversive. Despite our anti-colonial credentials, we’ve practically essentialised international law, implying throughout our scholarship that even colouring within the lines is emancipatory.  In those moments of doubt, I reorient myself to the subject of the critique. Mainstream international law itself is inchoate, but not in the same way as TWAIL. The critique has been around for a little over a generation, ignored for much of its early years and only now taking shape. I describe TWAIL as embryonic...

[Chuka Arinze-Onyia is a practicing criminal defense lawyer with an avid interest in international justice issues. He authored this article during a recent stint as an International Justice in Africa Fellow with Amnesty International.] On 16 December 2022, the ICC Prosecutor announced that his office had concluded the investigation phase of its work in Central African Republic (CAR) and would not pursue new lines of inquiry within the country. The immediate consequence of this decision is that until the ordinary national courts develop the capacity to dispense justice for crimes...