Search: crossing lines
30 Jul Judge Wilkinson and the Ambiguity of the “Conduct that . . . Aims to Harm” Criterion
...is a mens rea requirement. Finally, let me close by raising a question about the requirement of a link to a declaration or AUMF. Consider the post I put up last night discussing the complex array of forces currently engaging in armed attacks on Afghan and Allied forces in the Afghan-Pakistan theater. Some of those forces are within the scope of the 9/18/01 AUMF, but arguably some are not (e.g., Lashkar-e-Taiba). Insofar as we intend for a test along the lines of the Wilkinson criteria to operate in connection with...
07 Aug Complementarity, Catalysts, Compliance Symposium: A Reply
...level of review in assessing admissibility challenges (particularly those raised by individual defendants), while setting at times an unreasonably high evidentiary threshold for challengers to satisfy. These procedural hurdles are, in my view, in tension with the policy goals of positive complementarity. I would prefer to see a more clearly articulated and consistent application of a deference principle – along the lines of that called for by Judge Ušacka in her dissents – that could permit a more policy-oriented jurisprudence to emerge without radically departing from the framing of admissibility...07 Feb The Parochialism of Western Cosmopolitanism in a Competitive World Order
...global order, international lawyers of all stripes will need to develop a greater awareness of the diverse frameworks and narratives through which international law events are understood and arguments are made around the world. The first step in building this understanding is for international lawyers to diversify their sources and networks in an effort to see the world from different perspectives and through other eyes. The motivation for taking this step can be founded in cosmopolitan idealism (thinking international law should be more inclusive) or hard-bitten realism (along the lines...03 Aug The Relevancy of Diplomacy
...But we also remember those who made a difference to the organization and the US relationship with it, e.g., Richard Holbrooke. Holbrooke made a difference at the UN beyond what the administration might have envisioned for the job. He directly and successfully lobbied across party lines to get Congress to pay US arrears to the UN. He succeeded in part through sheer force of personality, in part through convincing the Hill that paying the dues would be central to the US ability to clean up some of the messes at...08 Dec African Withdrawals Mask the Real Issue at the Assembly of States Parties 15
...allowed the OTP to open their 2016 investigation into Georgia (p10), a cost now incorporated into the 2017 budget; but at €7,000,000 (p169), the contingency fund is not designed to cover the costs of entire unplanned investigations. In closing, and to use the United Kingdom as but just one example, the opening and closing lines of their general debate address highlights the point that States more than ever are unwilling to back up their rhetoric with adequate financial support.continued support for, and commitment to the International Criminal Court’, only to...
12 Mar By Practioners, For Practitioner: ABA’s ICL Best Practice Project Publishes Guidance on Judgment Drafting
...often measured by how effective and efficient prosecution authorities are. Yet, much more attention should be placed on the judiciary along these same lines. How well judges, and most importantly, chamber staff perform is another critical component in measuring just how successful international criminal processes are. Putting aside the substance of judgments (which often engenders heated debates, to say the least), it is commonplace for the timeliness and length of international criminal judgments to be subjected to withering complaints as well. It is not hyperbolic to state that the total...
11 Jul What Is a Mass Grave? Why Protect Mass Graves? How to Protect Mass Graves?
...it is possible that surface scattered human remains (i.e. at the side of a road) may also constitute a mass grave, and reports point to the existence of such circumstances. How Are Mass Graves Protected? Protection of the site is paramount to preserve the integrity of remains, associated evidence and lines of enquiries. Protection measures ought to safeguard the human remains against contamination, desecration, robbery, scavengers and the movement/relocation of bodies to secondary sites, where a perpetrator is seeking to evade detection. Image from Protocol Appendix 3. Assuming that access...
25 May Affective Justice Symposium: International Justice in Africa–Not All That Simple
...longing for the old days would keep people poor: what we were observing was development, progress. Indeed, this was what we were here to bring. Rid the government of its criminal leaders, plug the country into the world economy and teach the Sudanese how to run a country. What was I doing here if I did not believe we could help fix the place? It was all so simple. I do not recall the lines of my response, but they included the colonial encounter (the most symbolic of which, between...
20 Jan Geoengineering and the Use of Force
...within the current understanding of armed attack justifying self-defense, but as that threat begins to emerge more clearly, one can certainly anticipate that arguments will be made that it is close enough. To the extent that there is strong resistance to such efforts to relax the “armed attack” standard, scenarios such as explored here will tend to blur the lines between self-defense and such justifications as necessity and countermeasures. It is widely accepted that necessity cannot be invoked as a justification or defense for violating the prohibition on the use...