Search: crossing lines

...Third, the detainee must be informed of the factual basis for detention and be given a genuine opportunity to respond. Even if the international standard on judicial review is developed along those lines, however, states would have some discretion on how best to implement it within their domestic legal systems. In other words, the standard would continue to permit some variance, and whether a particular detention scheme satisfies the standard would be assessed on the facts. Yet, in my view, that variance would not by itself demonstrate a lack of...

...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...

...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...

...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,...

...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’),...

...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...

...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...

...liberal democracy is possible beyond the state as constituted by citizens. I think I come out somewhere in between. I agree with Alex that citizenship most readily translates to other forms of territorial governance. Citizenship in the European Union, for example, doesn’t pose a major theoretical challenge. It doesn’t look all that different from citizenship in federal states such as the US. But anything else is much trickier. I’m hardly proposing the end of history here. But conflict and group definition will increasingly be drawn along non-territorial lines. How does...

...according to the appropriate filing guidelines. Regular meetings and check-ins continued until late December. Technical meetings addressing specific issues including the application of a gender competent analysis; the incorporation of intersectional considerations pertaining to race, gender and age through Article 21(3); the collective communication strategy; and moot court sessions in preparation for the oral hearings were held. Feminist strategizing and exchange was not confined to the aforementioned four groups and certainly did not stop once the written submissions had been finalized. For example, supportive alliances were built between groups that...

...constraint to some national security harm (see David Cole and Jules Lobel’s new book for the argument that it’s the violation of law, rather than conformity with it, that has done the damage). The argument is more along the lines of, anti-terror efforts require boldness; legalization results in timidity. I don’t buy it. Either this isn’t a war, in which case the rule of law as usual is presumptively a good thing; or we’ve been lacking the leadership that would overcome the timidity. Goldsmith recognizes the first possibility. “When a...

...believe that it is always or even usually the case that the U.S (or any country) must do so. Is it always a good idea to create more domestic law and regulation on any subject regardless of the policy consequences? Why shouldn’t such decisions be made on a case-by-case basis (through our normal democratic and constitutional processes)? All of this suggests that lines about the U.S. “standing alone” and refusing to join the “rules that apply to the rest of the world” are a waste of time. If you want...

...provisions). In taking the example of businesses operating in proximity with the Israeli settlement enterprise, I would say that “bright lines” can be drawn. Through a robust reading of CA1, “home” States of businesses (as we refer to them) have an obligation to prevent their businesses from contributing to the settlement enterprise, amongst other IHL violations in situations of armed conflict. I felt the same about Eve Massingham’s contribution on weapons with the scope of CA1 in Chapter 8, which has been at the very heart of CA1 advocacy, particularly...