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...06 Mar HILJ Symposium: Getting to the Right Answers about Rights
...really emerged several decades later. Samuel Moyn, The Last Utopia: Human Rights in History 6 (2010) (arguing that 1970s were the key period). We ourselves have no particular expertise in this area, but our emphasis on reciprocal interaction between the national and international levels of law-making provides evidence that might be deployed in sorting out these claims. Roberts helpfully suggests new lines of inquiry in which quantitative analysis can help to play a role. One might, he notes, apply our survey methodology to the various proposals articulated in the 1930s...19 Jul Guest Post: Israeli Committee Declares End to West Bank Occupation
...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...18 Jul Was the Hamdan Court Reading Rick Pildes?
...the same result if we had a Democrat Congress? The Harvard piece, along with a 2004 essay with Sam Issacharoff, also maps well onto Hamdan in extracting a process-based, institutionally-focused tradition in wartime decisionmaking from the Court. The Court has threaded the poles of rights-based idelaism on the one hand and deference to executive unilateralism on the other, looking instead for the reassurance of bilateral agreement between the political branches. The Youngstown story is of course well known along these lines. Less familiar is Pildes’ retelling of Milligan and Korematsu....
03 Nov Genocide at The Hague: A Transitional Justice Reckoning?
...from strategic state interests and geopolitical alignments. For example, as Jacobs observes, key Western actors supporting Ukraine’s case against Russia, like Germany and the US have been notably less vocal about Gaza at the ICJ. In contrast, while South Africa and Nicaragua have played visible roles in the Gaza litigation, their engagement with Ukraine’s case has been muted, neither appears to have intervened formally. Such inconsistencies reinforce the perception that legal accountability is applied selectively along political lines. The ICJ is not the UN General Assembly: its authority rests on...
24 May Policy Recommendations to Meaningfully Mitigate Civilian Harm in Military Operations: A View from the Netherlands (Part I)
...investigation and response processes, and should be described in the Article-100 Letters (a constitutional requirement to inform Parliament about the deployment of Dutch military personnel, after which a Parliamentary debate occurs). By outlining these parameters prior to agreeing to participate within a coalition context, participating States agree on baselines of how they understand CHMR efforts prior to military engagement and where red lines are drawn. These standards can reflect access to intelligence and information prior to targeting missions and should reflect CHMR throughout the joint targeting cycle. States should also...
20 Aug Muddying the Waters Still Further: A Response to Steven Kay and Joshua Kern
...of the claim that there was a breach of Article 2(4) is underscored by the fact that units of the Arab Legion were stationed in mandate Palestine (west of the Jordan River) under British command and guarding British supply lines as Britain withdrew in May 1948. The fusion of Jordanian and Palestinian sovereignty I stand by my claim that the Jordanian Act of Union of 1950 fused Jordanian and Palestinian sovereignty between 1950 and 1988. However, Kay and Kern claim that “given that Jordan’s occupation arose from a breach of...
23 May Punishing Atrocities Symposium: Exploring Joint Criminal Enterprise
...always clearly distinguished. One question concerns the lines between guilt and innocence. Does the law improperly convict people for harms for which they are not, in fact culpable? The other question concerns the grading of culpability. Does the law fail to adequately differentiate degrees of guilt by, for example, treating all JCE members as guilty of the same crimes despite significant differences in their roles and respective contributions? I will start with the first. When the I teach the Tadić case—in which the ICTY Appeals Chamber first announced its...
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...