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Search: crossing lines

10 Dec

...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...
10.12.15 | |

16 Aug

...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...
16.08.10 | |

23 Dec

...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...
23.12.19 | |

07 Nov

[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...
07.11.22 | |

25 Mar

...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:...
25.03.19 | |

29 May

...Turow, with fingers being pointed in all directions and the ending coming as a suitably-foreshadowed surprise. It is also worth noting that Turow’s decision to set the book at the ICC instead of the ICTY is actually quite clever. We are not in CROSSING LINES territory here. Bosnia is a member of the Court and the Roma massacre took place in 2004, so the ICC clearly has jurisdiction. More importantly, Turow is on firm ground when he explains that the ICTY considered the case but ultimately decided it did not...
29.05.17 | |

03 Aug

...NYTimes also published the documents leaked by Bradley Manning. Following Bradley Manning’s conviction for espionage, Kevin corrected a common misperception about the meaning of “bad faith” in the Espionage Act. He also updated us on Libya’s latest admission that it intends not to cooperate with the ICC, and added that Libya’s representative is arguably in violation of the ICC’s Code of Professional Conduct. Kevin will not be updating us anymore on Crossing Lines though. As always, we listed events and announcements and provided weekday news wraps. Thank you to our...
03.08.13 | |

06 Jul

This week on Opinio Juris, Kevin posted how there will be no golden arches in the West Bank, kept track of the latest episode of Crossing Lines, and wondered about the anonymity of an ICTY witness whose name was made public by the ICTY. Ken turned the spotlight back to the Chevron/Ecuador dispute. A Washington Post profile on the dispute led him to inquire about third-party litigation finance. He also pointed to Julian’s WSJ op-ed, with George Conway, on Chevron’s legal offensive. Julian has been busy, he also posted an...
06.07.13 | |

23 Apr

...the foreseeable future. And the Palestine investigation that Kevin mentions below is going to return the ICC to the U.S. Congress’ attention in the context of Israeli relations, which is the absolute worst context for the ICC. I would say the ICC’s only hope of US ratification one day lies in a slow cultural change. Perhaps this new NBC drama “Crossing Lines” will help. Then again, since it seems to propose that the ICC will operate with a shadowy investigative team of former cops, I wonder if this might backfire…...
23.04.13 | |

09 Jun

[Melanie O’Brien is Senior Lecturer in International Law at the UWA Law School, University of Western Australia; and an affiliated researcher of the Asia-Pacific Centre for the Responsibility to Protect, University of Queensland.] Followers of Opinio Juris well know Kevin Jon Heller’s criticism of Crossing Lines and its portrayal of the ICC. I recently watched the action-comedy The Hitman’s Bodyguard, a film that includes an ICC-related storyline, and it certainly opens itself up to some well-deserved criticism about its portrayal of the ICC. The storyline of The Hitman’s Bodyguard is...
09.06.18 | |

29 Jun

...in nicely with Peter’s post on a new sovereigntist essay in Foreign Affairs. As Peter points out, Katerina’s findings may suggest that the tide is shifting on international law. Roger reviewed Andrew Guzman’s book Overheated, following Hari Osofsky’s review last Friday. Kevin followed up on the fallout of Judge Harhoff’s letter, called NBC’s new show Crossing Lines an “ unmitigated disaster ” and was sceptical about the implications, according to John Dugard’s article, of the ASP’s President’s failure to table a letter on Palestinian statehood. He also recommended a new...
29.06.13 | |

20 Jul

...least Crossing Lines is even more confused about the ICC’s jurisdiction, although Kevin admitted to finding this week’s episode quite interesting. Sometimes fiction can teach international lawyers something though, as Chris explored in this post on what political science fiction can bring to international law. What isn’t science fiction though is the growing market in which hackers sell computer vulnerabilities they have discovered. Chris posted about the sometimes perverse incentives to regulate this market, particularly once governments get involved. In other posts, Kevin accused the US of applying double standards...
20.07.13 | |