Search: crossing lines
28 Jul What is The Common Law of War?
...strictly military matters like "insubordination" which deal with military discipline but do not rise to the level of actual crimes. There are special offenses like crossing lines without uniform that are serious (capital offenses) but with peculiar limitations (once a spy returns to his own lines he is free and cannot subsequently be tried for his prior spying, a rule that would never be included for a real crime). There are also entirely normal crimes (murder, theft, rape) committed by civilians in an area of military combat or occupation. The...10 Dec Moreno-Ocampo Needs a Remedial Criminal Law Course
...to remain in effect. The notion that convoys of civilian caravans can pass through military checkpoints and voluntarily migrate across permanent international lines of demarcation to their destinations without government intervention and assistance at every step along the way is simply ludicrous. The government of Israel has acted indirectly, through various instrumentalities, to franchise the bus lines, rail lines, and construct the network of roads and highways that connect Israel to the settlements as part of a common criminal purpose. Likewise, the Knesset has funded the construction of the settlements...16 Aug From the Department of Unintended Irony
...violates international law. Is Khadr suspected of having secretly and under false pretenses passed through U.S. lines to lurk in or near an encampment of some sort? Or perhaps the United States was an occupying power at the time of the offense, such that the whole territory could be considered within U.S. lines? (I don't know the answer to this question). Benjamin Davis 1. Send him back to Canada. 2. Charge him with any crime that applies in Canada to him, if applicable. 3. Rehabilitate him. 4. Watch him very...
25 Mar The ICC and the Deportation of Civilians from Syria to Jordan
...least one difficult legal issue in the Syria situation that does not seem to be present in the Myanmar situation: namely, the mens rea of deportation as a crime against humanity. The actus reus of deportation has clearly been satisfied: the Assad regime has forcibly displaced civilians from areas in which they were “lawfully present,” and many of those civilians ended up crossing into Jordan to find safety. And it seems equally clear that the Assad regime intended to forcibly displace large numbers of civilians. But here is the question:...
07 Nov The Persisting Tragedy in the Mediterranean and What Stands in the Way of the Shipmaster’s Duty to Render Assistance
[Antarnihita Mishra is an Assistant Professor of Law at IFIM Law School, Bengaluru, India. She has an LL.M. in International Law from South Asian University, New Delhi.] Recent data released by the UN Refugee Agency suggests that the Mediterranean, the world’s deadliest sea crossing, has become even more fatal now. Despite a fall in the number of migrants and refugees making the crossing to reach Europe, the death toll has seen a steep rise, with more than nineteen hundred reported as either dead or missing at sea in the Mediterranean...