Search: crossing lines
02 Mar Deterring the Next Invasion: Applying the Accumulation of Events Theory to Cyberspace
[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...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...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...
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...
16 May Symposium on Systemic Racism and Sexism in Legal Academia: The Promise of Victory
...preserving academic freedom, and tackling racial profiling by campus security. They provide such a rich analysis that I didn’t want the essay to end. Upon reflection, it doesn’t; theirs is a call for continued creative and provocative engagement in an ongoing struggle. Most colleagues don’t know that the first course I taught was Feminist Legal Issues. I always felt a natural affinity for gender-based struggles. Class, race, and gender-based oppressions are incestuous, intersecting, multi-secting, and criss-crossing straight through each other. “The most disrespected person in America”, Malcolm X said, “is...
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...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...
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...
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...