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....
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...19 Sep Quivering Before (International) Law: The Terrified Presidency
...constraint to some national security harm (see David Cole and Jules Lobel’s new book for the argument that it’s the violation of law, rather than conformity with it, that has done the damage). The argument is more along the lines of, anti-terror efforts require boldness; legalization results in timidity. I don’t buy it. Either this isn’t a war, in which case the rule of law as usual is presumptively a good thing; or we’ve been lacking the leadership that would overcome the timidity. Goldsmith recognizes the first possibility. “When a...04 Feb ICJ Sets Black Sea Maritime Boundary Between Romania and Ukraine; Resolves Significant Oil and Natural Gas Claims
The ICJ has issued a judgment in the case Maritime Delimitation in the Black Sea (Romania v. Ukraine). At first glance the issue may seem relatively dry: whether Serpents’ Island in the Black Sea is an inhabited island or just a rocky outcropping. But the answer to this question affects maritime delimitation lines, which in turn resolves which country has the right to exploit oil and natural gas deposits found near Serpents’ Island, which may total about 100 billion cubic meters of natural gas and 100 million metric tons of...29 Jan International Environmental Law as a 30% Solution
...role, but that is all. It is what I call a thirty percent solution. Solving a problem such as climate change depends on many other factors as well. Thus, my main thought leaving Copenhagen was exactly along the lines that Kal suggests — namely, to revisit the issue of geoengineering, which I last wrote about more than a decade ago. Geoengineering raises many questions and concerns. But if countries fail to limit their emissions significantly — and if severe climate change occurs as a result — then geoengineering may emerge...
04 Mar Blocking SWIFT in Russia
...ban might not be the nuclear option as some have proposed, the willingness of Western allies to act as a coalition on the matter is an important indicator of what is to come. Allies have already blacklisted Russia’s Central Bank, banned Russian flights, restricted its maritime port access, and explicitly placed Vladimir Putin on a Specially Designated Nationals list. Even traditionally neutral Switzerland has agreed to freeze Russian assets. Major private sector entities have also voluntarily divested from lucrative interests, shipping lines have halted or reduced bookings to and from...02 Nov Assessing the ICJ: Getting Off the Merry-Go-Round
...to take an oath to “believe in the ICJ” (as Julian also implied) or anything along those lines. And I am somewhat amazed that Julian could read my post and think that. Nice straw man maneuver, but let’s stick to the actual issues. My question remains: to what end are Julian’s arguments? There are many possible criticisms of the ICJ from the left, right, and center. For example, some may argue that the ICJ takes on too many politically contentious issues (like the Israeli Security Barrier case), while others criticize...