Search: crossing lines
08 Jul The Sum of Four Fears: African States and the International Criminal Court in Retrospect–Part II
...Panel took a measured approach in its recommendations, which concerned both peace and justice. It set out in detail its proposal for the establishment of a Hybrid Court (along the lines of the existing Special Court for Sierra Leone and the Extraordinary African Chambers in Senegal established to try Hissene Habre and others that came later), despite the objections of supporters of the Government, and noted that under the principle of complementarity the ICC would be ‘obliged to take consideration’ of its establishment (along with other local ‘effective justice measures’),...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 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,...23 Aug Report: Ukraine Willing to “Compromise” on a Non-Ukrainian Internationalized Tribunal
...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...
18 Oct Where De Facto States Come to Rest: The Approaching Demise of the So-called Republic of Artsakh
...status quo that pushes all belligerents back into compliance with the principle of non-use of force in international relations, particularly in settling territorial disputes, as expressed in Articles 1(1) and 2(3) of the UN Charter and Principle I, UNGA Resolution 2625 (XXV). The 2020 ceasefire agreement which put an end to the so-called Second Nagorno-Karabakh War, which resulted in Azerbaijan recovering roughly seventy five percent of the territory previously detained by Armenia and the so-called Republic of Artsakh, saw the attribution of a Russian military contingent to guard the armistice lines laid out...
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...30 Jun First Step Toward a North American Union?
...but I think this remains a bit of a pipe dream for now, especially as the threat of deeper E.U. integration recedes. The three countries have currently eschewed steps toward a more formal union and have instead settled on a “Security and Prosperity Partnership ” that simply pushes inter-agency cooperation along a number of lines: public health, intellectual property, regulatory streamlining. While this and future initiatives might be the first step toward a “North American Union”, the fuzzy non-binding aspect of the SPP might also signal that integration has reached...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...