Search: crossing lines
06 Dec Symposium in Remembrance of Judge Antônio Augusto Cançado Trindade: A Formalist’s Defense of Judge Antonio Cançado Trindade
...opportunity to explore the intent behind the judge’s flexibility when it came to law as a method. Thinking of Cançado, I am reminded of Oswald Spengler who wrote in The Hour of Decision something along the lines of “in hatred there is a silent acknowledgment of the opponent”. While in adamant dissent with most of his views, I would not see my opinions towards the Brazilian jurist as ‘hateful’. I believe the term “collegial opposition” would be more suitable (to the extent that one can disagree with such an authoritative...
26 Aug Rohingya Symposium: From Rhetoric to Justice–Ensuring a Gender Perspective in Accountability Proceedings for the Rohingya Genocide
[Akila Radhakrishnan (@akilaGJC) is the President of the Global Justice Center, where she directs GJC’s work to establish legal precedents protecting human rights and ensuring gender equality.] This August marks not only the 3rd anniversary of the start of the Rohingya genocide, but also the 6th anniversary of the start of the Yazidi genocide. Beyond starting in the same month, these two genocides share some key features, not the least of which is that both were conducted along highly gendered lines. In the two we see some similar patterns in...10 Sep What Does Putting Syria’s Chemical Weapons Under “International Control” Mean? (And Some Thoughts on Russia’s Use of International Legal Rhetoric)
...the problem of chemical weapons. Of course, these are not the only possible responses to Syria, but they have been the main ones on the table. Turning to international monitoring, possibly through the OPCW, could lead to a real prevention of the future use of chemical weapons by the Syrian regime, avoid a Russian veto, and get the U.S. out the corner it painted itself into with a bunch of red lines. But I only say “could,” not “will.” The actual proposal needs to be seen. And, related to this,...09 May US Congressional Bill to Be Introduced for New Kill-Capture Oversight
...are unlawful, or that they require judicial oversight, or something else, then you won’t be much moved. Seen within the framework of US law and oversight of overseas use of force operations, however, this is an important step. A couple of observations; see Bobby’s post for a detailed discussion. First, this legislation is with respect to operations conducted by the US military; it does not cover CIA activities. Second, it covers US military operations with respect to the lines of oversight running back to the Armed Services committees; it does...
13 Nov Symposium on Erin Pobjie’s Prohibited Force: Review by Tomohiro Mikanagi
...demarcation lines’ are usually in ‘international relations’ and therefore fall within the scope of the article 2(4) (p. 100). In various UN documents relating to situations in the Middle East, the Green Line has been considered to be an ‘International demarcation line’ which, according to Erin Pobjie, indicates the contextual element of ‘international relations’ which is required for falling within the scope of article 2(4) of the UN Charter. In the 2024 Palestine Advisory Opinion, the ICJ referred to relevant Security Council and General Assembly resolutions (paras 176-177), and these resolutions,...10 Jul On Paddington Bear and “Darkest Britain”: Rethinking Peru-UK Relations
...British homes. As a Peruvian currently living in the UK, this choice felt personal, and compelled me to write these lines. After all, while Paddington himself may be Peruvian, his story is most certainly not. It was written and created by a British man and meant to be read and discussed by British people. In fact, outside the tourism industry and those educated in the country’s elite British schools, very few Peruvians actually know who Paddington is. This is no wonder. Paddington’s “Peruvianness” plays no real role in developing the...06 Dec Niall Ferguson on Islamo-Bolshevism
...more like “Islamo-Bolshevists,” committed to revolution and a reordering of the world along anti-capitalist lines. Like the Bolsheviks in 1914, these Islamist extremists are part of an underground sect, struggling to land more than the occasional big punch on the enemy. But what if they were to get control of a wealthy state, the way Lenin, Trotsky, and company did in 1917? How would the world look if there were an October Revolution in Saudi Arabia? True, some recent survey data suggest that ordinary Saudis are relatively moderate people by...12 Sep From Apology to Bazinga!: International Legal Rhetoric in Obama’s Speech and Putin’s Op-Ed
...the language of international law is used by both leaders. Putin’s argument plays on American fears and worries but it is framed in the rhetoric of international law. There are some scare lines, such as: “A strike would increase violence and unleash a new wave of terrorism.” There is a description of a “reeling” Afghanistan where “no one can say what will happen after international forces withdraw.” And, he adds, don’t forget the divisions in Iraq and Libya. It is not in “America’s long-term interest” to have U.S. military intervention...20 Sep Adult Conversation on the Emergency Constitution
...their resolution are ultimately more about politics than law (in the current episode, low politics rather than high, lacking the attributes of “adult conversation” — Levinson’s term — that has accompanied historical analogues). Kevin offers up the survival rule as the more analytic measure of extra-constitutional action; Paulsen works from the same sort of premise, though on a much less exacting basis, drawing straight lines between the Emancipation Proclamation and the Bush Administration’s terrorist detention policies by way of legitimizing the latter. The exchange between Paulsen on the one hand...
10 Oct Rethinking International Law After Gaza Symposium: A Thought Experiment – What if we Tried to Organise the “Rethinking International Law after Gaza” Conference in the UK?
...and it is worth mentioning at the outset that it would have been very difficult to organise events in Turkish universities on certain ‘sensitive’ political issues. And yet, it is still worth asking what would happen if we tried to organise a two-day conference on the Question of Palestine in the UK, along the lines of the conference at Boğaziçi University, which addressed various topics including the occupation, resistance, apartheid, zionism, and the right of return. What institutional obstacles might arise, and could such an event even take place? In...