Search: crossing lines
06 May Jus Post Bellum Symposium: Omission Liability and Jus Post Bellum
...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...14 Oct The Human Rights Quagmire of “Human Trafficking”
...pursue a border control agenda under the guise of promoting human rights. The Trafficking Protocol and its companion Smuggling Protocol have set a transnational duty to end all forms of unauthorized border crossing and conscripted states in regions of origin to abet the developed world’s efforts to stymie international migration, in particular by routinized implementation of generic deterrence schemes. Broad brush deterrent schemes of this kind tend perversely to promote human smuggling—and even trafficking—since they make unassisted migration that much more difficult, even as they do nothing to open up...
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...23 Jul Symposium on Mann, Humanity at Sea
...to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an...
24 Mar Symposium on Prosecuting Heads of State for International Crimes: Eroding Impunity – How the Groundwork of the Philippine Human Rights Community Met Shifting Political Tides
...Duterte, crossing the necessary threshold for the issuance of the warrant would have been impossible without the prior groundwork of the human rights community. The Emergence of “Dutertismo” in a Re-Democratized Era Duterte’s rise to national prominence unraveled the contradictions, if not hypocrisies, of the liberal political and constitutional order inaugurated after the fall of the dictatorship of Ferdinand Marcos Sr. in 1986. While “Dutertismo” struck viscerally with vulgar jokes and obscene remarks, there was no denying the political success of his style of politics. Thus, as progressives decried what...
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...24 Jun Upcoming Events: June 24, 2012
...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...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...