Search: crossing lines

...borders and suspension of new and on-going asylum applications Following the outbreak of the COVID-19 pandemic, the majority of EU Member States introduced restrictions for third-country nationals crossing the EU’s external border. In some cases, EU Member States banned entry to asylum applicants (Cyprus, Greece, Hungary) or declared their ports “unsafe” (Italy and Malta). Other Member States (like Belgium) closed their arrival centers, ultimately restricting access to asylum. The state of emergency due to COVID-19 declared in Hungary, led to the suspension of the right to apply for asylum. In...

...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,...

...in the South China Sea, to bolster its sovereignty claims in the area. The Philippine president, Benigno Aqino, has said he will not back down from China regarding the disputed Scarborough Shoal in the South China Sea. For the first time, Egypt has loosened the restrictions on Palestinians temporarily entering the country at the Rafah border crossing A US drone struck in Pakistan, killing 12 suspected militants. At the request of the EU, the US and Japan, the WTO Dispute Settlement Body has established a panel to consider China’s export...

...not contain substantive definitional provisions, the inclusion of these definitions in the Ljubjana-the Hague Convention serves two critical functions in the fight against impunity. First, by requiring and facilitating domestic criminalization, the Convention empowers victims to report violations within their jurisdictions, as well as, in the jurisdictions of other State Parties, enhancing prospects for effective investigation and potentially prosecution, thereby strengthening the fight against impunity. Second, the coherence established among State Party jurisdictions streamlines legal processes and cooperation in investigating and prosecuting offenders, particularly in cross-border cases, reducing the number...

...to go to Congress to get legislation and, in effect, a political announcement that the two political branches have reached agreement on policy and law in these contentious areas, political and policy stability is much weaker. This particularly so given that the default position of any opposition party is to criticize-on-autopilot, especially when votes in Congress have not locked at least some of them in, including perhaps Congressional leadership, and reduced their ability to kibitz from the uncommitted sidelines. If this “pivot” or at least indifference by Democrats under a...

...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...

...ICC jurisdiction over the situation in Gaza. If the ICC is to become involved in the most heavily politicised conflict in recent history — and I think the likelihood the OTP would act on even a proper request is essentially zero — there should be no doubt whatsoever about either Palestine’s desire for an investigation or the ICC’s jurisdictional competence. If we’ve learned anything about the conflict in Gaza, it’s the importance of always crossing the legal “t’s” and dotting the legal “i’s.” UPDATE: Multiple sources are reporting on Twitter...

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...

...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...

...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...

Your weekly selection of international law and international relations headlines from around the world: Africa South Africa’s main opposition on Sunday called for a full investigation into the government’s failure to arrest Sudanese president Omar al-Bashir, who is due to face charges of genocide at the International Criminal Court. Somali armed group al-Shabab has claimed responsibility for an attack on a military compound in Mogadishu where Somali intelligence officials train, claiming it killed “many intelligence forces”. Middle East and Northern Africa More than 20 air strikes by Arab forces hit...

[Michael McLaughlin is a cybersecurity attorney and policy advisor in the Washington, D.C. office of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. He is the former senior counterintelligence advisor for United States Cyber Command and a research affiliate for the Applied Research Laboratory for Intelligence and Security. He holds a Bachelor of Science from the United States Naval Academy and a juris doctorate from the University of Maryland School of Law.] After years of conducting destabilizing activities worldwide with impunity, Russian forces crossing the Ukrainian border proved to be a...