Search: crossing lines
17 May The Palestinian Right of Return Could Go to the ICC
...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...25 Aug Joe Biden, World Government Guy
...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....
16 Jul Symposium on PMSCs: AI Broke the Code – The International Code of Conduct for Private Security Service Providers and Emerging Technologies
...offensive and defensive roles in intelligence-gathering and information operations, sometimes with direct implications for the conduct of hostilities. The result is an expanding perimeter of corporate and commercial actors whose participation in armed conflict is indirect, but no less consequential. Consider Anduril again. Even if some of its business lines may be considered “operational and logistical support”—thus falling within the Code’s existing ambit—a substantial grey zone remains, particularly around dual-use technologies, databases, and services that transition seamlessly between commercial, law enforcement, and military contexts. The Code must therefore move beyond...25 Jul International Law in the U.S. Supreme Court: Introduction
...and the post-war years to the century’s end (1946-2000). Part V examines the leading post-2000 cases in light of historical practice. Although the dividing lines between historical periods are concededly somewhat artificial, the book is deliberately designed to devote substantial attention to the period from the Civil War to the end of World War II, which seems somewhat under-examined by prior scholarship as compared to the Founding era and the modern period. Within the chronological periods, the book further subdivides the Court’s treatment of international law into substantive categories: treaties,...17 Feb Guest Post Part I: The Chilcot Inquiry–The Publication Saga of an Official History
...of a court. Wood expresses a deep commitment to international law precisely because of its horizontal interpretive nature; it is for government legal advisers to demarcate the acceptable boundaries of policy versus international law, providing apparent ‘clear bright lines’ beyond which policy cannot traverse without incurring international illegality. Not so, according to the government, if instructing Independent Counsel. In a document declassified and released by the Attorney General’s Office dated 13 March 2003 (ie on the eve of formal invasion) the legal secretary to the Attorney General, David Brummell, considered...
17 Sep Transitional Justice Symposium: Transitional Justice 2.0–Rebooting Justice in the 21st Century
...transitional justice contexts have risen ( Bell and O’Rourke 2007 ; see for instance O’Rourke 2013 ; Bueno-Hansen 2017 , 2015 ). Oddly enough, these efforts, however much needed and welcomed, were already deeply grounded in Baldwin’s prose, which extrapolated on structural barriers in American society and disclosed racial fault lines and sexual taboos and challenges in the 1970s and earlier (See for in Baldwin 1972 ). The novelty of mainstreaming peripheral and marginalized perspectives lies in introducing these issues to the field of transitional justice and expanding also the...09 Jun Guest Post: International Criminal Justice and Reconciliation: Beyond the Retributive vs. Restorative Divide (Part 2 of 2)
...closure of cases) require further structural attention. Holding local hearings (e.g., Ntaganda) may facilitate visibility and access to victims, and foster the perception that ‘justice is seen to be done’. But it is not in itself sufficient to facilitate a structural dialogue locally. (ii) Challenging‘friend/enemy’ clusters Many trials suffer from the reproduction of binaries, and are perceived as obstacles to reconciliation, if they remain entrenched in ‘friend/enemy’ clusters, or associate crime or victimhood across pre-configured collective identities (e.g., ethnic lines). International criminal justice may reduce these frictions, if it pays...24 Nov Reply to Professor Waxman
...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...
30 Oct Options for a Peace Settlement for Ukraine: Option Paper XVI – War Crimes, Crimes against Humanity and Genocide
...require UN Security Council authorisation, although at a minimum it will require UN or EU collaboration. With regards to the ICC and ad hoc tribunals, a suggested relational and jurisdictional structure would be to provide the ICC/ad hoc tribunal with jurisdiction over high-ranking military commanders and civilian superiors, with domestic courts supported to try lower-ranking perpetrators, along the lines of the relationship between the ICTY and Bosnian/Croatian/Serbian courts, or the ICTR and Gacaca courts in Rwanda. Proceedings in human rights bodies, such as the European Court of Human Rights or...