Search: crossing lines
02 Jul Guest Post: The Law of Occupation in the New DOD Law of War Manual
...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...
17 Oct A Visible College, 2.0: Israel, Hamas, and the International Legal Community
...residents—as lawful self-defence against an armed attack, provided for in Article 51 of the UN Charter and long established as a rule of customary international law. Blogposts have been written, Tweets have been published, and I suspect, a few insults have been exchanged. Debate and disagreement are vital components of any academic discipline. As academics, we customarily position our own work in relation to the fault lines in existing scholarly debate, and we regularly ask our students to familiarise themselves with, and write about, key controversies in the subject area....29 Mar Symposium: Cogan Reply to Pauwelyn
...forms of noncompliance that may be beneficial, but I do not consider them at length. Professor Pauwelyn first claims that I go “too far by underestimating the flexibilities and exit options that exist within the system of international law.” What I describe as noncompliance, he sees as “flexibilities and exit options perfectly permitted and accepted within international law.” I wish more people thought along those lines, and I wish it were that international law were more like what Professor Pauwelyn describes. Unfortunately, international law and international legal scholars appear to...
24 Feb Harmonizing Global Health Law and Human Rights Law to Develop Rights-Based Approaches to Global Health Emergencies
...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...
20 Mar Why Neutral Rights Mean that States Are Not Obliged to Join in Collective Sanctions
...sequester them and do not condemn them as prizes–is a wrong to those states.” Almost three decades later, Philip Jessup argued along the same lines that, even under the League of Nations system ostensibly requiring states to sanction aggressors, “While each member [of the League] may decide for itself regarding the necessity for its own action [in a particular case], it cannot object to other members exercising a like freedom of judgment[.]” Nor did the UN Charter, which assigns sanctioning authority to the UN Security Council but does not ex...09 Oct Judicial Review of Geneva Convention Claims: Commentary on the Military Commissions Act by David Sloss
...for example, Congress could have added language to the Military Commissions Act of 2006 along the following lines: “In the event of a conflict between the Geneva Conventions and the procedures specified herein, courts shall apply the procedures embodied in this Act.” Such language would preclude courts from applying the Geneva Conventions by making clear that Congress intended to supersede the Conventions as a matter of domestic law. However, the Military Commissions Act of 2006 does not contain any such provision. Section 3 of the Act creates a new Chapter...