Search: crossing lines
19 Dec Digital Accountability Symposium: Intersectionality and International Criminal Investigations in a Digital Age
...to investigations will help avoid many of the possible pitfalls that may accompany the use of technology in international criminal investigations. An intersectional investigative approach is one that integrates analysis of how location, gender and wealth, for example, affect an ethnic, racial, national or other group’s access to technology. I argue that such an approach will facilitate a more just criminal justice approach by highlighting possible fault lines in the use of particular forms of evidence in investigative approaches. Investigative strategies should counter a lack of access to justice due...01 Feb A Response to Sean Watts by Geoffrey Corn
...Watts offers. However, I am not convinced that modifying the bright lines produced by the presumptions of the law of war in order to address the factual over-breath at the fringe is worth the cost of opening the door to altering the group based presumptions that define who may participate in hostilities. In my view, his argument is analogous to an argument that a police officer or a district attorney need not be advised of Miranda rights prior to custodial interrogation because doing so is really just adherence to empty...09 Dec Today, December 9, is International Anti-Corruption Day
...to mount a global response to corruption. Symbols Posters, slogans, and other promotional material on International Anti-Corruption Day have featured a slogan or logo that takes up two lines. The first line reads “CORRUPTION” in capitalized red words, and underneath are the words “Your NO counts”. Most the second line is written in black text except for the word “NO” which is highlighted in red capital letters within a white speech bubble. The UN logo is also associated with promotions for this event. It features a projection of a world...
19 Feb A Commentary on the Arbitral Award of 3 October, 1899 (Guyana v. Venezuela) jurisdiction ruling: The road to hell is paved with good intentions.
...application of Guyana to admit the case concerning the validity of the Arbitral Award of October 3rd, 1899 and the ensuing territorial dispute between itself and Venezuela over the Esequibo territory. How did the dispute arrive to the Court? This dispute dates back to the end of the 19th century when an arbitral tribunal decided that the demarcation between the British Guiana and Venezuela would be drawn along the lines of the Esequibo river. A few decades later, the personal correspondence of a diplomat who participated in the proceedings- as...17 Feb Guest Post Part I: The Chilcot Inquiry–The Publication Saga of an Official History
...of a court. Wood expresses a deep commitment to international law precisely because of its horizontal interpretive nature; it is for government legal advisers to demarcate the acceptable boundaries of policy versus international law, providing apparent ‘clear bright lines’ beyond which policy cannot traverse without incurring international illegality. Not so, according to the government, if instructing Independent Counsel. In a document declassified and released by the Attorney General’s Office dated 13 March 2003 (ie on the eve of formal invasion) the legal secretary to the Attorney General, David Brummell, considered...
30 Oct Options for a Peace Settlement for Ukraine: Option Paper XVI – War Crimes, Crimes against Humanity and Genocide
...require UN Security Council authorisation, although at a minimum it will require UN or EU collaboration. With regards to the ICC and ad hoc tribunals, a suggested relational and jurisdictional structure would be to provide the ICC/ad hoc tribunal with jurisdiction over high-ranking military commanders and civilian superiors, with domestic courts supported to try lower-ranking perpetrators, along the lines of the relationship between the ICTY and Bosnian/Croatian/Serbian courts, or the ICTR and Gacaca courts in Rwanda. Proceedings in human rights bodies, such as the European Court of Human Rights or...09 Jun Guest Post: International Criminal Justice and Reconciliation: Beyond the Retributive vs. Restorative Divide (Part 2 of 2)
...closure of cases) require further structural attention. Holding local hearings (e.g., Ntaganda) may facilitate visibility and access to victims, and foster the perception that ‘justice is seen to be done’. But it is not in itself sufficient to facilitate a structural dialogue locally. (ii) Challenging‘friend/enemy’ clusters Many trials suffer from the reproduction of binaries, and are perceived as obstacles to reconciliation, if they remain entrenched in ‘friend/enemy’ clusters, or associate crime or victimhood across pre-configured collective identities (e.g., ethnic lines). International criminal justice may reduce these frictions, if it pays...
17 Sep Transitional Justice Symposium: Transitional Justice 2.0–Rebooting Justice in the 21st Century
...transitional justice contexts have risen ( Bell and O’Rourke 2007 ; see for instance O’Rourke 2013 ; Bueno-Hansen 2017 , 2015 ). Oddly enough, these efforts, however much needed and welcomed, were already deeply grounded in Baldwin’s prose, which extrapolated on structural barriers in American society and disclosed racial fault lines and sexual taboos and challenges in the 1970s and earlier (See for in Baldwin 1972 ). The novelty of mainstreaming peripheral and marginalized perspectives lies in introducing these issues to the field of transitional justice and expanding also the...25 Jul International Law in the U.S. Supreme Court: Introduction
...and the post-war years to the century’s end (1946-2000). Part V examines the leading post-2000 cases in light of historical practice. Although the dividing lines between historical periods are concededly somewhat artificial, the book is deliberately designed to devote substantial attention to the period from the Civil War to the end of World War II, which seems somewhat under-examined by prior scholarship as compared to the Founding era and the modern period. Within the chronological periods, the book further subdivides the Court’s treatment of international law into substantive categories: treaties,...