Search: crossing lines
04 Apr COVID-19 Symposium: Israel and its International Law COVID-19 Obligations Towards Gaza
...whether the Strip is still occupied by Israel following the Israeli withdrawal of its army and settlements in 2005. Proponents of the stance that Israel is still occupying Gaza point to the fact that Israel is controlling Gaza’s air and sea space as well as its crossings (see here, page 38, n.101), whereas those that hold that it is not occupied, underline the lack of boots on the ground and Israel’s stated unwillingness to permanently reconquer the area (see here, page 37, n.97). For those holding that Gaza is still...17 Jul A Primer on the Jadhav Case at the International Court of Justice
...certainly highlighted by the issues brought up here – is the greater engagement with individual rights by the ICJ, which has a state centric focus and is not a human rights court. JudgeCançado Trindade’s concurring opinion to the Provisional Measures Order in this case refers to the ‘humanization’ of international law. Cases such as this highlight the dichotomy and the potential blurring of the lines between a focus of the rights of state versus that of the individual. Finally, the impact of an ICJ decision can have consequences on treaties entered...
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...
18 Jul Symposium on PMSCs: From Contract to Combat – Individual Criminal Liability of PMSC Personnel and Its Integration into Emerging Treaty Frameworks
...roles over lower-ranking soldiers, illustrating the blurred lines of authority and the operational integration of PMSC staff into state-military frameworks (see here and here). In the words of the Bemba decision of the ICC Pre-Trial Chamber, superior responsibility ex article 28(a) may arise when the forces are structured like a conventional army (see para. 456). This convergence of functions and command dynamics has led scholars such as Kuwali (p. 109) and Frulli (pp. 454-466) to argue that PMSCs should be treated, for purposes of accountability, analogously to formal military units....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...
28 Jul One Size Does Not Fit All: Institutional Diversity and the International Law Commission’s Limits in Codifying Judicial Precedent
...for when the “settled jurisprudence” threshold is reached. Likewise, in investment arbitration, where scholars broadly recognize the emergence of jurisprudence constante, no consensus exists on which lines of reasoning should be followed or how many decisions are required to establish them. Precedential value also varies by institution. As Mr. Asada explained: “the decisions of permanent courts might … have more value as precedent than those of ad hoc tribunals” which may explain why the ICJ generally refrains from citing arbitral awards. Within investment arbitration itself, some arbitrators are considered more...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...20 Oct Guest Post: Bolivia’s First Triumph in The Hague
...is strong and clear, as this judgement follows a bad experience in the case about the maritime delimitation with Peru (solved by the ICJ in 2014). Moreover, to face the further proceedings on the merits, Chile´s legal team has to change its strategy based in the 1904 Treaty, which was specifically excluded from the discussion by the Court. In this regard is worth asking what were the arguments of the parties? And does Bolivia really have a good case? In the following lines I will try to address these two...