Search: crossing lines
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...
16 Jul The “Cienfuegos Affair” and the Proposal for a New Regional Transnational Criminal Court in Latin America (COPLA)
...permanent transnational criminal court established by treaty between all Caribbean and Latin American signatories of the United Nations Convention on Transnational Organized Crime 2000 (and its protocols). A Draft Statute has been produced and circulated which provides for a permanent independent court modelled, somewhat, along the same lines of the International Criminal Court (ICC). In other words, a permanent, independent organisation with international legal personality, that boasts an independent Prosecutor, and which is founded on the principle of complementary (for an overview, see Rob Currie and Jacob Leon). It is...19 Mar Comparative Free Speech About Bong Hits
This morning the Supreme Court will hear Morse v. Frederick, a case about a high school student who held up a banner advocating “Bong Hits for Jesus” at a school function associated with the passing of the Olympic torch through Juneau, Alaska. The school principal, Deborah Morse, refused to allow Joseph Frederick to display the banner, and he was later disciplined for his conduct. Given that several of the justices are strongly committed to the principled use of comparative constitutionalism, I’m confident that something along the lines of the following...
16 Mar The Best Option: An Extraordinary Ukrainian Chamber for Aggression
In an excellent recent blog post at Just Security, Tom Dannenbaum identified four options for prosecuting Russia’s unprovoked aggression against Ukraine: [T]he International Criminal Court, an ad hoc international tribunal (whether along the lines proposed at Chatham House or pursuant to a General Assembly resolution), a domestic court exercising territorial jurisdiction (in Russia, Belarus, or Ukraine), or a domestic court exercising universal jurisdiction. All four options have their costs and benefits. The ICC would offer economy of scale, given that the Prosecutor has already initiated, at the request of 41...01 Feb A Response to Sean Watts by Geoffrey Corn
...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...
19 Aug Venezuela’s “Firm and Unwavering” Decision to Leave the International Criminal Court: From the Political Turmoil to the Legal Loopholes
...resort to an argument along the following lines: recognizing the effects of a withdrawal from an authority not vested with legal powers under national law could severely undermine the effectiveness of the mandate of the Court to fight against impunity. I acknowledge that this position departs from the traditional theories of international law that focus the recognition of governments on the doctrine of effective control. It frames the question in terms of the authority’s effectiveness in exercising control over the State rather than in a question of legitimacy. Under this...09 Dec Today, December 9, is International Anti-Corruption Day
...to mount a global response to corruption. Symbols Posters, slogans, and other promotional material on International Anti-Corruption Day have featured a slogan or logo that takes up two lines. The first line reads “CORRUPTION” in capitalized red words, and underneath are the words “Your NO counts”. Most the second line is written in black text except for the word “NO” which is highlighted in red capital letters within a white speech bubble. The UN logo is also associated with promotions for this event. It features a projection of a world...06 Aug Emerging Voices: Together Again? Customary Law and Perpetration by Means
...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...
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...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...