Search: crossing lines
23 Jun Gabriella Blum Comments on the Role of the Judiciary in Israel in Counterterrorism
...notes, one other crucial difference to be taken into account is that of the involvement of domestic civilian populations in the two wars, and civilians in very close geographic proximity across territorial lines. Notably, ever since 9/11, American civilians have been spared from the war on terrorism – as indeed from the wars in Afghanistan and Iraq. Israelis are part of the war, in a direct, immediate and continuous manner. Whether from suicide bombings or rockets launched, no part of Israeli territory has been immune to attacks. The vulnerability of...
18 Dec Digital Accountability Symposium: Social Media Accountability or Privacy? A Socio-Political Perspective from India
...accountability, along with privacy and free speech/censorship issues, have to be seen within broader socio-political contexts. Indian society suffers deep social fractures related to divisions along caste, religion, gender and class lines. After the post-independence decades when a broad socialist vision guided government planning and anti-discrimination laws began to threaten centuries of male and Brahmin privilege, a political backlash has ensured that discrimination and inequality are not only practised but upheld through various wings of the state. The privatisation of core public sector units and the gradual shift from an...10 Dec Rice’s Strategic Vision – A Democratic Peace, But What About International Law?
...is imprudent and impractical. The goal of our statecraft is to help create a world of democratic, well-governed states that can meet the needs of their citizens and conduct themselves responsibly in the international system. Attempting to draw neat, clean lines between our security interests and our democratic ideals does not reflect the reality of today’s world. Supporting the growth of democratic institutions in all nations is not some moralistic flight of fancy; it is the only realistic response to our present challenges. This is all very well and good,...28 Oct Does Japan’s Pledge to Shoot Down Chinese Drones Violate International Law?
...evidence of the drones’ threat to bolster any attack it makes. On the other hand, is China overreacting to call those Japanese threats an “act of war”? I suppose that is technically true if one accepts that China’s drones are flying over Chinese airspace. Still, it is hard to imagine that downing a drone (where no one is hurt or killed) could have the same significance as downing a manned plane. I think Japan is trying to test China, and draw lines on matters that wouldn’t necessarily escalate into armed...
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...
14 Aug Promoting Cultural Heritage to Strengthen Syrian National Identity and Overcome Ethnic and Religious Fragmentation
...hatreds. Although the Ba’athist regime under Hafez and Bashar al-Assad presented itself as a guardian of minority rights, its consolidation of power was rooted in sectarian patronage, most notably through the advancement of the Alawite minority within Syria’s military and intelligence institutions. This approach sowed long-term mistrust and division, fracturing national identity along ethnic and religious lines. The last 13 years of revolution and civil war, along with atrocities committed by both the regime and non-state armed groups, have deepened sectarian divisions and exposed the fragile nature of Syrian national...
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...10 Apr LJIL Symposium: Where to Find the Liberal Principles of Criminal Law
...some observers that these deeper principles of criminal law are so embedded in domestic criminal law that domestic systems get them right, while the international law system runs the risk of ignoring them. True, I might have said something along these lines in Reclaiming Fundamental Principles of Criminal Law in the Darfur Case, co-authored with George Fletcher back in 2005. However, one should not overstate the point. We are talking about deeper principles of criminal law – principles that ought to be deep and abstract enough to apply across all...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...