Search: crossing lines
15 Jul Symposium on PMSCs: Deadly Agents Functioning as ‘Humanitarian Actors’
...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,...
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...11 Jun Does Affiliation with Al Qaeda Make One an “Enemy Combatant”? No, Says U.S. Court of Appeals
...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....23 Oct Russia, Moldova, and the EU: Realpolitik as Normative Competition
...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...16 Sep Security Council May Defer Bashir’s Prosecution (And It’s a Good Thing, Too)
...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...29 Jun Can Congress Reverse Hamdan? (Updated)
...legal power to constitute commissions or that such commissions violate the Due Process Clause. (3) So if Congress is unhappy with this decision, they can reverse it. Peter’s guess is that they won’t want to. I’m not sure about that, although that is a purely political question. Still, President Bush has already said he is going to ask Congress for legislation along these lines and a number of Senators, including Majority Leader Bill Frist and Senator Lindsey Graham, have said they will work to pass such legislation. *That was fast....
24 Sep Symposium on Protest and Legal Mobilization: Undermining the Right to Protest by Weaponizing Antisemitism
...protests in Amsterdam, which we witnessed firsthand, was particularly violent. Academic Freedom Fortunately, the importance of academic freedom is emphasized by many, as Senator Roovers motion for academic freedom has confirmed. However, we remain concerned that, as in other countries such as the USA and Germany, an antisemitism task force modelled along similar lines will fail to achieve its objectives. Moreover, we are concerned that by essentialising antisemitism as a form of hatred that deserves exceptional protection, and by focussing exclusively on Palestinian solidarity protests, this task force will further...08 May Kiobel Insta-Symposium: Is Corporate Liability Jurisdictional?
...inquiry going to the merits. Remember, the Second Circuit dismissed the case sua sponte based on these two premises. In contrast, the D.C., Seventh, Ninth, and Eleventh Circuits have rejected corporate immunity under the ATS. While many commentators quickly observed that the Court did not explicitly rule on corporate liability, the majority opinion at least tacitly assumes the existence of corporate liability. As specific evidence of the Court’s recognition of corporate liability, some have pointed to one of the majority opinion’s concluding lines: “Corporations are often present in many countries,...