Search: crossing lines
04 Aug Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – Lessons Learned: Civil Society Engagement in Treaty Negotiations
...majority of states, many from the Global South, which found their voices and were more vocal in pushing back as the negotiations continued. Building alliances – among these states, as well as between these states and CSOs – became crucial as the discussions continued. What is necessary is building these coalitions beforehand, and in a strategic manner (realizing naturally, that there may be distinct agendas and being mindful of any fault lines). In the ultimate analysis, there is a need to keep an eye on the ball – monitor, engage...
31 Oct Fourth Annual Symposium on Pop Culture and International Law: “Equivalent Exchange” – Reparations for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law in Fullmetal Alchemist
...the beginning of uprisings and riots as one of them, disguised as an Amestrian soldier, deliberately killed an Ishavalan child, leading to an all-out war between the Amestrian Military and the Ishvalan rebels. This conflict lasted for seven years, until President King Bradley (one of the Homunculi himself) issued Executive Order 3066 which sent the so-called State Alchemists (alchemists who obtain a specific certification and become members of the Military) on the front lines as human weapons with the order to kill every Ishvalan left. This marked the beginning of...
22 Mar SCSL Symposium: The Important Contributions of the Special Court for Sierra Leone on Amnesties and Immunities–Reinforcing Foundational Principles of International Criminal Law, Part I
...lines of the ICTY or the ICTR) nor an entirely domestic court. Instead, it was established sui generis, via a bilateral agreement between the United Nations and Sierra Leone. The agreement establishing the Court was signed on January 16, 2002, and entered into force on April 12, 2002, with the Statute of the Court annexed thereto. The manner of the Court’s creation became important in the Taylor case when the question of Charles Taylor’s possible immunity as a Head of State was raised as a bar to his prosecution. The...
10 May New Technologies Symposium: Concluding Thoughts
...that ought to engage the minds of lawyers and asking, inter alia, that those lawyers develop a better understanding of technology. As she correctly observes, the book may help to phrase the questions we should be asking about technological development. It is for all of us to engage across disciplines when considering possible answers. Markus Wagner looks at Lethal Autonomous Weapon Systems and rightly comments that more could have been said in the book about the inherent difficulty in assigning responsibility in complex decision-making systems. He must be right that...27 Mar New Documents Reveal Kissinger’s Support of 1976 Coup in Argentina
...and the disappeared.” The documents also reveal that the U.S. had advance knowledge of the impending coup: More than a week before the coup, Ambassador Robert Hill sent Assistant Secretary Rogers a secret cable reporting that the commander of the Navy, Admiral Emilio Massera, had requested that the U.S. embassy “indicate to him one or two reputable public relations firms in the U.S. which might handle the problem for a future military government.” Massera, according to the cable, promised that the Argentine military would “not follow the lines of the...
02 Dec For the Biden Presidency, Promoting Human Rights in Asia Aligns Well with US Strategic Interests
...policy would be problematic. Nowhere is this more evidently true than in the strategic hub of Asia. The far-flung continent was a priority of President Barack Obama, whose famous “pivot to Asia” included “six key lines of action”: strengthening bilateral security alliances; deepening our working relationships with emerging powers, including with China; engaging with regional multilateral institutions; expanding trade and investment; forging a broad-based military presence; and advancing democracy and human rights. Clearly, promoting human rights was considered integral to a broader, and interconnected, nucleus of US strategic interests in...03 Nov Zivotofsky and the Disaggregated State
...the other side there was some characterization of the law as imposing “compelled speech” on the Government. Justice Kennedy took care of that with prospective disclaimers that the executive branch could issue, even on the passport itself. Along those lines, there was this interesting response from Justice Alito to SG Verrelli’s assertion that the statute poses a “very serious risk” of harming US credibility on the sensitive issue of Jerusalem’s status: Justice Alito: Why would that be so? No matter how this Court decides, everyone will know what the position...27 Aug Guest Post: Malaysia Airlines Flight MH17–Possible Legal Avenues for Redress (Part 1)
[ Dr Aaron Matta is a Senior Researcher at The Hague Institute for Global Justice , Rule of Law Program. Anda Scarlat is a Summer Fellow with the Rule of Law Program at the Institute.With many thanks to Dr Lyal Sunga, Jill Coster van Voorhout and Thomas Koerner for their helpful feedback on earlier drafts of this commentary.The views expressed here do not represent the views of the Hague Institute for Global Justice.] 17 July 2015 marked one year since the downing of Malaysia Airlines flight MH17 over eastern Ukraine,...21 Mar CEDAW, Federalism, and Democracy in U.S. International Lawmaking
...and provide assistance to state and local governments (along the lines of the assistance the State Department provides to state and local law enforcement to facilitate enforcement the Vienna Consular Convention). It strikes me that none of this is possible if CEDAW is adopted by treaty, unless further implementing legislation is enacted. An outstanding issue that Oona has not squarely addressed (that may argue for CEDAW to be brought via the treaty route) is the linkage between CEDAW and U.S. v. Morrison. CEDAW’s General Recommendation Number 19 includes gender-based violence...
11 Jul The Rise of the Global Legal Order
...global economy, the formerly developing states were forced to refinance their loans. With commercial loans unavailable, they were driven into the arms of the IMF. New loans were offered, but they came with conditions beyond mere repayment. These new “loan conditionalities” demanded macroeconomic restructuring along neoliberal lines. Not coincidentally, the IMF and World Bank were each purged of their Keynesian economists over the course of the 1970s. The new conditionalities insisted that the formerly developing states reverse the policies that had brought them a brief period of actual development. The...