Search: crossing lines

...issues were all absent or greatly reduced this year. Across the 2024 country reports, these once-standard topics were essentially collapsed into a few lines under the general “Security of the Person” heading and stripped of any real analysis. The gutting of these central categories of rights violations is of course deeply concerning—but even more troubling are the issues the Trump administration has chosen to elevate instead. Second, the focus has shifted to political priorities of the Trump administration, such as violence against white Afrikaners in South Africa and antisemitism. One...

...wealth. Sustainable development, thus, failed to question the core presumptions of the ‘dominant development model’. It was only in 1995, at the 4th United Nations Conference in Beijing that ‘women and environment’ were identified and given due importance as stakeholders in the contemporary world. International treaties on the lines of the Johannesburg Declaration imbibed gender issues as integral parts of all facets of Agenda 21, encouraging nation-states to first identify, then categorize and eventually resolve issues relating to women and the environment. The decades since have seen slow but consistent...

...hostilities. The Role of this Issue in the Negotiations The Russian Federation has made several statements in various fora that Ukraine is attempting to obtain weapons of mass destruction (chemical, biological, nuclear) to be used against the Russian Federation and others (e.g. here, here and here). These allegations may be an aspect of the current negotiations between the Russian Federation and Ukraine that must be addressed to the satisfaction of both parties.  There have been statements along the lines that the Russian Federation’s allegations are a “disinformation campaign”, the intention...

...to investigations will help avoid many of the possible pitfalls that may accompany the use of technology in international criminal investigations. An intersectional investigative approach is one that integrates analysis of how location, gender and wealth, for example, affect an ethnic, racial, national or other group’s access to technology. I argue that such an approach will facilitate a more just criminal justice approach by highlighting possible fault lines in the use of particular forms of evidence in investigative approaches. Investigative strategies should counter a lack of access to justice due...

...case law as the opinion makes them out to be. They are instead the subject of vigorous debate and disagreement.The only case I could find in which Judge Roberts signed onto an opinion that enforced international law was in Robertson v. American Airlines . In that case, the Court of Appeals (in an opinion again authored by another member of the panel) held that the two-year statute of limitations provided by international law applied to the claim of the litigant rather than the more generous three-year rule that generally governs...

[Chuka Arinze-Onyia is a practicing criminal defense lawyer with an avid interest in international justice issues. He authored this article during a recent stint as an International Justice in Africa Fellow with Amnesty International.] On 16 December 2022, the ICC Prosecutor announced that his office had concluded the investigation phase of its work in Central African Republic (CAR) and would not pursue new lines of inquiry within the country. The immediate consequence of this decision is that until the ordinary national courts develop the capacity to dispense justice for crimes...

...Eurocentric legality, or at least European epistemology, a critique that cannot be subversive. Despite our anti-colonial credentials, we’ve practically essentialised international law, implying throughout our scholarship that even colouring within the lines is emancipatory.  In those moments of doubt, I reorient myself to the subject of the critique. Mainstream international law itself is inchoate, but not in the same way as TWAIL. The critique has been around for a little over a generation, ignored for much of its early years and only now taking shape. I describe TWAIL as embryonic...

...1979 for the top-secret test of a new missile system. During Israel’s 1982 invasion of Lebanon, the Israeli army took South African Defense Force chief Constand Viljoen and his colleagues to the front lines, and Viljoen routinely flew visiting Israeli military advisors and embassy attachés to the battlefield in Angola where his troops were battling Angolan and Cuban forces. There was nuclear cooperation, too: South Africa provided Israel with yellowcake uranium while dozens of Israelis came to South Africa in 1984 with code names and cover stories to work on...

...States, it cuts across partisan lines and unites foreign policy idealists, liberals and conservatives, left and right. The Hoover Institution’s Tod Lindberg, for example, has joined forces for many years with such foreign policy liberals as Lee Feinstein and others to craft and advocate a US foreign policy supportive of the concept. Precisely because I am extremely supportive of R2P, I have always been concerned about the evolution of R2P as a legal concept at the United Nations because, in diplomatic developments there, it seemed to take steps backwards from...

...time. This recent Appeals Chamber Judgment confirms that the Prosecutor must reconsider her decision on the Comoros’ referral, by 2 December 2019. These proceedings have exposed some troubling internal fault-lines within the ICC system, and tested the very rationale of the Rome-Statute as well as the limits of judicial over-reach.It is in this context that this post identifies three problematic aspects of the Appeal Chamber’s recent decision. 1. Internal Tug of War? Despite the questionable basis for enabling repeated re-litigation of the matter in light of the terms of the...

...evidence of the drones’ threat to bolster any attack it makes. On the other hand, is China overreacting to call those Japanese threats an “act of war”? I suppose that is technically true if one accepts that China’s drones are flying over Chinese airspace. Still, it is hard to imagine that downing a drone (where no one is hurt or killed) could have the same significance as downing a manned plane. I think Japan is trying to test China, and draw lines on matters that wouldn’t necessarily escalate into armed...

Here is the text of the speech by new UN Secretary-General Ban Ki-Moon. There are a few good lines from the speech, such as the following: Member States need a dynamic and courageous Secretariat, not one that is passive and risk-averse. The time has come for a new day in relations between the Secretariat and Member States. The dark night of distrust and disrespect has lasted far too long. We can begin by saying what we mean, and meaning what we say. We cannot change everything at once. But we...