Search: crossing lines

...some observers that these deeper principles of criminal law are so embedded in domestic criminal law that domestic systems get them right, while the international law system runs the risk of ignoring them. True, I might have said something along these lines in Reclaiming Fundamental Principles of Criminal Law in the Darfur Case, co-authored with George Fletcher back in 2005. However, one should not overstate the point. We are talking about deeper principles of criminal law – principles that ought to be deep and abstract enough to apply across all...

...the State, such as “the levying of taxes, the organisation of elections, conscription for military service, and law enforcement” which would take precedence over services such as the delivery of mail or the provision of telephone lines or electricity (paras 341; 343). Implementation is pending, however, as Croatia does not recognise the 2017 Final Award due to illegal communication between the Slovenian government and the arbitrator nominated by Slovenia, although the Tribunal subsequently reconstituted thereby remedying Slovenia’s violation of the Arbitration Agreement. It is important to note that the Final...

...the UN in implementing Resolution 181(II)”, insinuating that Israel was the successor state to the Mandate or was born as a result of the UN’s plan. Israel’s Declaration of Independence led to war with its Arab neighbours and the ultimate signing of an Armistice known as the “Green Line”. According to the Opinion, this agreement did not “prejudice the rights, claims and positions of either Party hereto in the ultimate peaceful settlement of the Palestine question” and was “without prejudice to future territorial settlements or boundary lines or to claims...

...believe that it is always or even usually the case that the U.S (or any country) must do so. Is it always a good idea to create more domestic law and regulation on any subject regardless of the policy consequences? Why shouldn’t such decisions be made on a case-by-case basis (through our normal democratic and constitutional processes)? All of this suggests that lines about the U.S. “standing alone” and refusing to join the “rules that apply to the rest of the world” are a waste of time. If you want...

...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...

...and it is worth mentioning at the outset that it would have been very difficult to organise events in Turkish universities on certain ‘sensitive’ political issues. And yet, it is still worth asking what would happen if we tried to organise a two-day conference on the Question of Palestine in the UK, along the lines of the conference at Boğaziçi University, which addressed various topics including the occupation, resistance, apartheid, zionism, and the right of return. What institutional obstacles might arise, and could such an event even take place?  In...

...law (set out in Section 11.9.2) are also virtually identical to the 1956 version (§369): The Occupying Power may subject the population of the occupied territory to provisions: (1) that are essential to enable the Occupying Power to fulfill its obligations under the GC; (2) to maintain the orderly government of the territory; and (3) to ensure the security of the Occupying Power, of the members and property of the occupying forces or administration, and likewise of the establishments and lines of communication used by them. The Manual then lists...

...the language of international law is used by both leaders. Putin’s argument plays on American fears and worries but it is framed in the rhetoric of international law. There are some scare lines, such as: “A strike would increase violence and unleash a new wave of terrorism.” There is a description of a “reeling” Afghanistan where “no one can say what will happen after international forces withdraw.” And, he adds, don’t forget the divisions in Iraq and Libya. It is not in “America’s long-term interest” to have U.S. military intervention...

...courts and the rest of the world for decades, namely that Israel’s presence in the West Bank is temporary and that measures designating Palestinian land and natural resources for Israeli use are motivated by security concerns. Here are some conclusions by the committee that I wholeheartedly endorse: 1. The so-called “unauthorized” outposts, built without the proper building permits and zoning plans, were as a matter of fact approved and funded by the State of Israel, which provided military protection, installed water and electricity lines, built access roads and funded public...

...hawkish in responding to such measures. So, perhaps it’s not surprising that China’s now also beginning to push its case legally, invoking UNCLOS’s provisions on delineating continental shelf rights beyond its 200 nautical mile Exclusive Economic Zone. Specifically, UNCLOS Article 76 provides in paragraphs 7-9: 7. The coastal State shall delineate the outer limits of its continental shelf, where that shelf extends beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by straight lines not exceeding 60 nautical miles in length, connecting...

...battlefield or combat activities, the benefits of AI are not as evident as the swelling chorus of AI advocates might suggest. Particularly pertinent here are questions of whether AI systems can or indeed should be taking on a significant role in critical selection and targeting functions, whether they should be making lethal decisions, be involved in ‘accelerated sensor-to-shooter timelines’, play a crucial role in predictive suspect selection and classification, or otherwise assume decisive powers in areas where the ethical stakes are patently high. In recent years, these questions have become...

...disease. While ostensibly adopted to protect public health, such interventions have rarely been accompanied by social relief programmes, such as income support and debt suspension, that are necessary to avoid collateral damage to economic and social rights, including the rights to health, social security, work, and housing. Instead, responses to the pandemic have largely magnified the fault lines of racial, socioeconomic, disability, gender and age inequalities, intensifying the suffering of those already at greatest risk and falling short of State obligations to ensure that responses to public health emergencies do...