Search: crossing lines
22 Apr Training the RSF? Due Diligence, Unlawful Intervention, and Criminal Exposure in Sudan’s War
...under Article 2(4) of the Charter of the United Nations. Even in that scenario, however, the availability of self-defence under Article 51 would remain uncertain. Crossing the Article 2(4) threshold does not automatically amount to an armed attack. Unless the support reaches the level of the “most grave forms” of force identified in Military and Paramilitary Activities in and against Nicaragua, forcible self-defence may not yet be legally justified. Internationalization of the Conflict External support to one of the parties may also raise the question whether the conflict could become...
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...
09 Jan From Policy to Practice: Operationalising Environmental Justice
...develop practical, operational guidelines for investigating and documenting environmental destruction. The Institute of Commonwealth Studies, University of London, Justice Rapid Response, Physicians for Human Rights, Source International and TRIAL International bring together complementary expertise: academic research, rapid deployment of criminal justice experts, medical-forensic documentation, open-source intelligence and ICL practice. The Guidelines aim to equip a broad range of actors—investigators, prosecutors, civil society organisations, affected communities, and other frontline responders—with practical tools and methodologies for effectively documenting and investigating environmental international crimes. Whilst the Guidelines support implementation of the OTP’s Policy and assist those...30 Dec Weekly News Wrap: Monday, December 30, 2013
Your weekly selection of international law and international relations headlines from around the world: Africa More than 1000 people have died in fighting in South Sudan in the past month, where a political crisis is turning into a tribal conflict. Zimbabwe’s ambassador to Australia has requested asylum there a few days before her term was due to end. Americas Edward Snowden has declared “mission accomplished” and also issued an alternative Christmas message for the UK’s Channel 4. Legal or not? A federal District Court judge in New York has ruled...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...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...
21 May Delivering the ICC Vision Through Deeds not Words: An Interview with Karim Khan QC
...but also to drive reform where this is necessary.” I note that as an ICC defence lawyer, and even though he has not practised at the ICC for five years, Khan has still represented more defendants than any other lawyer. Yet, I suggest, ‘crossing the floor’ will represent a challenge for Khan because in defending his clients, he has had cause to criticise the investigations and conduct of the very office he will now be heading up, for example in the Ruto case where he said in his opening statement...
24 Nov We are Witnessing a Genocide Unfolding in Gaza: To Stop it, the ICC Prosecutor Must Apply the Law Without Fear or Favour
...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...
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...