Search: crossing lines
03 Apr The US’s New Nuclear Posture Review: Blurring the Lines of Anticipatory Self-Defense
[ Yulia Ioffe is a DPhil (PhD) candidate and a tutor in Public International Law at University of Oxford and Olga Bozhenko is an LL.M student in International Litigation (Public International Law) at Institute of International Relations Kyiv National Taras Shevchenko University.] In February 2018, President Trump issued his Nuclear Posture Review (NPR), which was widely anticipated by the international community. It was hoped that this document would soften the US President’s previous aggressive rhetoric (including the threat of ‘total destruction of North Korea’) and bring the US...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:...08 Nov Leticia & Pancho: The alleged historic precedents for unwilling or unable in Latin America, explored (Part II, Pancho Villa)
...participating in, gathering elements, crossing the boundary or sailing from their territory for the purpose of starting or promoting civil strife; (ii) disarm and intern every rebel force crossing their boundaries; (iii) forbid the traffic in arms and war material, except when intended for the Government; and (iv) prevent the arming or equipping of any vessel seeking to favour the rebellion. Similar obligations were included in the 1911 Agreement on Internal Commotions and Neutrality, in force between Ecuador, Bolivia, Peru, Colombia, and Venezuela. In essence, no rule akin to the...
23 Dec Crimes against the Rohingya: ICC Jurisdiction, Universal Jurisdiction in Argentina, and the Principle of Complementarity
...Second, on the basis of this interpretation of RS Article 12(2)(a), PTC III (para. 62) found that: the alleged deportation of civilians across the Myanmar-Bangladesh border, which involved victims crossing that border, clearly establishes a territorial link on the basis of the actus reus of this crime (i.e. the crossing into Bangladesh by the victims’. Read together with para. 50, where PTC III endorsed that the actus reus encompasses the consequences of criminal conduct, this finding could be construed as establishing that the “crossing of borders” by victims of the...