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Search: crossing lines

20 Apr

...focus on the Arab/MENA region. Papers need not be exclusively legal—the journal has long been interdisciplinary in its focus, and welcomes contributions from sociological, political science, economics, and anthropological perspectives as well. Submissions are due by 31 July 2019. All papers will be peer-reviewed and must adhere to the Arab Law Quarterly author guidelines. For inquiries about submissions, please contact Professor M. Kabir Hassan at mhassan [at] uno [dot] edu. For additional information, see here. Announcements The American Branch of the International Law Association (ABILA) is pleased to announce that...
20.04.19 | |

12 Feb

...lines between those who are “in” and those who are “out” of direct targeting. III I should now take up Gaby’s article directly, but unfortunately I am in an airport and don’t have it available. So instead I will simply add a comment as to my own view on this, with apologies to Gaby. And very briefly – boarding beginning. I believe that we have to distinguish between conventional, overt warfare, particularly between states but not limited to it – e.g., the counterinsurgency campaigns in Iraq and AfPak, on the...
12.02.11 | |

15 Jul

...authorities have systematically blocked or severely restricted the entry of humanitarian relief into Gaza, drawing international condemnation. In response to this criticism, Israel introduced a militarized “aid mechanism,” under which GHF began operations in May 2025. Preliminary reports on GHF’s operations reveal disorganized, opaque aid distributions, potentially even defined as war crimes, confirming long-standing concerns about the privatization and politicization of humanitarian assistance as it was highlighted in the WGM’s 2021 report. These developments are yet another striking example of blurring the lines between military and humanitarian actors, eroding trust,...
15.07.25 | |

17 May

...Crimes of Apartheid and Persecution (April 2021), at pages 204, 207. Requiring a racial group to reside in separate locations within a state qualifies as apartheid. Under the International Convention on the Suppression and Punishment on the Crime of Apartheid, one act that constitutes apartheid is the taking of measures “designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group.” If forcing a group into a designated area within a country constitutes apartheid, forcing the group out...
17.05.21 | |

16 Sep

...ICC investigation – permanent Security Council members Britain and France. Britain and France say privately that the lines of communication with Khartoum are nearing total breakdown. The Sudanese authorities are blocking the work of the 11,000-strong Unamid peacekeeping force and have not handed over two other ICC suspects – government minister Ahmad Harun and militia chief Ali Kushayb – for whom arrest warrants were issued last year. Foreign Office Minister for Africa Mark Malloch Brown and his French counterpart, Bruno Joubert, are understood to have both travelled to Khartoum recently...
16.09.08 | |

11 Jun

...U.S. military has essentially no role to play in detaining alleged terrorists who are within the United States (outside is another matter, but that may be eventually shot down as well). I am beginning to think that the law enforcement approach is more practical and attractive. I don’t think, however, that Congress or the President agree with this approach and I doubt that the law enforcement approach is constitutionally required. *UPDATE: For a more detailed and thoughtful analysis along the same lines as this post, see Orin Kerr’s analysis here....
11.06.07 | |

23 Oct

...it would be difficult to significantly harmonize your domestic norms and regulations along two different lines simultaneously. The normative divergences are so stark as to fuel secessionist rhetoric. According to the Congressional Research Service (Moldova: Background and Policy, June 5, 2013, p. 4), the Transnistrian separatist regime, for example, has stated their intention to accede to Russia’s Customs Union. And Russia has also raised the specter of secessionism in Ukraine, specifically linking it to Ukraine’s signing the EU Association Agreement. One way to possibly decrease the sense of this being...
23.10.13 | |

02 Jan

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.?...
02.01.09 | |

06 Aug

...20 of the concurring opinion of van den Wyngaert, J. The Prosecutor’s attempt to synthesize common principles from parallel lines of jurisprudence is therefore welcome; however, if it succeeds it will do so against the run of play. Nevertheless, such harmonization is arguably possible. The principles underlying perpetration by means were canvassed at the international level well before the ICC and ICTY existed, in the same body of sources that ground what is now termed JCE doctrine. Consider, for example, the first treaty provision on parties to offences, Article 6...
06.08.13 | |

25 Aug

...aide, is now director general of the somewhat scary sounding World Nuclear Association). Bad idea? Maybe we’ve come around to a world in which Tom Franck’s then-daring proposition (elaborated here and in the memorable 1991 N.Y. Times op-ed, “Declare War? Congress Can’t”) doesn’t seem so outlandish any more. (Some hint here also along the lines of the Concert of Democracies.) I doubt we’ll hear too much from the Democratic ticket during the campaign about deferring to Turtle Bay, but perhaps we might see possibilities in this direction after inauguration day....
25.08.08 | |

01 Feb

...Watts offers. However, I am not convinced that modifying the bright lines produced by the presumptions of the law of war in order to address the factual over-breath at the fringe is worth the cost of opening the door to altering the group based presumptions that define who may participate in hostilities. In my view, his argument is analogous to an argument that a police officer or a district attorney need not be advised of Miranda rights prior to custodial interrogation because doing so is really just adherence to empty...
01.02.10 | |

23 Jun

...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...
23.06.09 | |