Search: crossing lines
31 May The Disrespect Is Real Around Here: Review of Eve Massingham and Annabel McConnachie’s edited volume, Ensuring Respect for International Humanitarian Law
...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...
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...29 Oct A Cybersecurity Treaty? Adam Segal and Matthew Waxman Think Not
...are therefore growing for a global treaty to help protect against cyber threats. As a step in that direction, the British government is convening next week the London Conference on Cyberspace to promote new norms of cybersecurity and the free flow of information via digital networks. International diplomacy like this among states and private stakeholders is important and will bring needed attention to these issues. But the London summit is also likely to expose major fault lines, not consensus, on the hardest and most significant problems. The idea of ultimately...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....
09 Mar No More Elusion of Responsibility for Rescue Operations at Sea: the Human Rights Committee’s Views on the Case A.S., D.I., O.I. and G.D. v. Italy and Malta
...and rescue service, as found in three Maritime Conventions. Rescue must be provided ‘regardless of the nationality or status’ of the person in distress or the ‘circumstances in which that person is found’. The intent of these treaties is to create a system to rescue all vessels in distress (para. 61)». Along the same lines, in its General Comment No. 36 on the right to life, the Human Rights Committee (HRC) held that «in light of article 2 (1) of the Covenant, a State party has an obligation to respect...
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...