Search: crossing lines
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...15 Dec The Noble Lie and International Politics
...the answer is something along the lines of the limitations that law has to compel or induce states on issues of critical national importance. But, why would this issue, which is certainly not controversial to or disputed by most historians, constitute a sufficiently important issue that Turkey would be willing to jeopardize its EU accession talks? I’m reminded of the noble lie in Plato’s Republic, in which it is acknowledged that all states have their origins in brutality and blood, and therefore all states create national myths about their foundings...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...27 Jul R2P RIP? Let’s Hope Not
...States, it cuts across partisan lines and unites foreign policy idealists, liberals and conservatives, left and right. The Hoover Institution’s Tod Lindberg, for example, has joined forces for many years with such foreign policy liberals as Lee Feinstein and others to craft and advocate a US foreign policy supportive of the concept. Precisely because I am extremely supportive of R2P, I have always been concerned about the evolution of R2P as a legal concept at the United Nations because, in diplomatic developments there, it seemed to take steps backwards from...