Search: crossing lines

...1979 for the top-secret test of a new missile system. During Israel’s 1982 invasion of Lebanon, the Israeli army took South African Defense Force chief Constand Viljoen and his colleagues to the front lines, and Viljoen routinely flew visiting Israeli military advisors and embassy attachés to the battlefield in Angola where his troops were battling Angolan and Cuban forces. There was nuclear cooperation, too: South Africa provided Israel with yellowcake uranium while dozens of Israelis came to South Africa in 1984 with code names and cover stories to work on...

...hostilities. The Role of this Issue in the Negotiations The Russian Federation has made several statements in various fora that Ukraine is attempting to obtain weapons of mass destruction (chemical, biological, nuclear) to be used against the Russian Federation and others (e.g. here, here and here). These allegations may be an aspect of the current negotiations between the Russian Federation and Ukraine that must be addressed to the satisfaction of both parties.  There have been statements along the lines that the Russian Federation’s allegations are a “disinformation campaign”, the intention...

OK, I know the blogosphere has chewed over this article from the Wall Street Journal, and spit it out already, but I still can’t resist posting this WSJ graphic describing a Russian professor’s prediction about the end of the Union sometime in the middle of Obama’s first term (in which case he would be the reverse-Lincoln). I can see disunion in the future, but not quite along the lines here. Utah and Idaho going with California to join China? Alabama and Georgia joining Mexico? Kentucky in the E.U.?...

...have to allow into your home in Germany, if asked?” I thought the Germans might have some practice under which “the postman” would enjoy entry at will, rather than the (correct answer) your landlord. So it looks pretty much a sham along the lines of the US naturalization exam, except that this one is multiple choice and requires a lower percentage of correct responses (50% v. 66% in the US). Obviously, you can pass the test without being German in any real sense. But easy as it seems to us,...

...the Ukrainian side, it is important that after the “Hague Tribunal” is established, it receives the “blessing” of the UN General Assembly , approval of its action by a separate decision. And if, say, 100 states support the work of such a court and its tasks, then this body will de facto become international. Much of the discussion to date, whether about an international or internationalized tribunal, has been based on the idea that a tribunal would be created by UN/Ukraine agreement following UNGA endorsement, along the lines of the...

...time. This recent Appeals Chamber Judgment confirms that the Prosecutor must reconsider her decision on the Comoros’ referral, by 2 December 2019. These proceedings have exposed some troubling internal fault-lines within the ICC system, and tested the very rationale of the Rome-Statute as well as the limits of judicial over-reach.It is in this context that this post identifies three problematic aspects of the Appeal Chamber’s recent decision. 1. Internal Tug of War? Despite the questionable basis for enabling repeated re-litigation of the matter in light of the terms of the...

...former was ordered to target Iran’s nuclear program last week by President Obama. NPR posts an op-ed about the troubling hypocrisy in the US’ recent leaks about its targeted killings and cyber warfare programs while prosecuting more government officials under the Espionage Act of 1917 than all previous administrations combined. Inter Press Service reports that the US has halted talks with Pakistan on NATO supply lines. North Korea has denied any plans for a third nuclear test. Thousands are reportedly showing up in Moscow for the first mass protests against...

...‘[march] in lock step with the permanent members’. The most recent example of the Prosecutor and the ICC’s supporters’ cozy relationship with the Security Council, and its insidious effects, concerns the ongoing disputes regarding President Al-Bashir’s claim to Head of State immunity (debates that have become somewhat moot since his removal from office). Over the past decade academics have fiercely debated the status of President Al-Bashir’s immunity, and so when the issue finally came before the ICC Appeals Chamber in 2018 the Prosecutor was presented with a number of lines...

[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...

In an excellent recent blog post at Just Security, Tom Dannenbaum identified four options for prosecuting Russia’s unprovoked aggression against Ukraine: [T]he International Criminal Court, an ad hoc international tribunal (whether along the lines proposed at Chatham House or pursuant to a General Assembly resolution), a domestic court exercising territorial jurisdiction (in Russia, Belarus, or Ukraine), or a domestic court exercising universal jurisdiction. All four options have their costs and benefits. The ICC would offer economy of scale, given that the Prosecutor has already initiated, at the request of 41...

This morning the Supreme Court will hear Morse v. Frederick, a case about a high school student who held up a banner advocating “Bong Hits for Jesus” at a school function associated with the passing of the Olympic torch through Juneau, Alaska. The school principal, Deborah Morse, refused to allow Joseph Frederick to display the banner, and he was later disciplined for his conduct. Given that several of the justices are strongly committed to the principled use of comparative constitutionalism, I’m confident that something along the lines of the following...

...permanent transnational criminal court established by treaty between all Caribbean and Latin American signatories of the United Nations Convention on Transnational Organized Crime 2000 (and its protocols). A Draft Statute has been produced and circulated which provides for a permanent independent court modelled, somewhat, along the same lines of the International Criminal Court (ICC). In other words, a permanent, independent organisation with international legal personality, that boasts an independent Prosecutor, and which is founded on the principle of complementary (for an overview, see Rob Currie and Jacob Leon). It is...