Search: crossing lines
30 May Options for a Peace Settlement in Ukraine: Option Paper V – Dispute Settlement Mechanisms and Peace Agreements
...arrangement would be particularly useful given the part-domestic and part-international nature of any likely agreement. It would offer the opportunity of dealing with disputes related to the domestic aspects of the agreement first in a domestic setting (utilising both political and judicial dispute settlement mechanisms) before referring any unresolved matters to an international body. Such an international body could, in parallel, deal with any disputes arising from the international aspects of the agreement. Alternatively, one could consider a hybrid body, for example along the lines of the Joint Supervisory Body...
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 II
...of its creation and its pedigree, was an “international court” along the lines of similarly created (although not identical) institutions – the ICTY, the ICTR, and, of course, the ICC. For this reason, it found that it fit squarely within the Yerodia exception. Likewise, in its 2019 decision in the Al Bashir case, the ICC Appeals Chamber resolved the case similarly. Although Jordan had argued before the Appeals Chamber that the ICC was a ‘foreign’ court, and that it could not exercise jurisdiction over Al Bashir who was a sitting...
08 Aug Emerging Voices: The Time We Have, the Space We Need
...by way of obliterating the element of time that a reboot of international scholarship was made possible, creating new avenues for academic debate and rerailing intellectual conversations along lines that we somewhat keep following today. But even when the abstract functioning of disciplinary discourse is exposed, its structural bias remains unexplained. For precisely because it is indeterminate and theoretically empowers no-one, international law is also invariably used to disempower the already disempowered. Here, almost on a second thought, the contextuality of time reappears, echo of a broader post-structural turn which...
30 Mar COVID-19 Symposium: Returning “Home”–Nationalist International Law in the Time of the Coronavirus
...their nationals suspected of having joined DAESH, leaving no doubt that even solicitousness for one’s nationals (let alone the attitude to non-nationals) remains a highly bifurcated affair. The lines of nationality – or at least the sort of nationality that is deserving of the state going out of its way to provide protection – can sometimes be subtly redrawn to distinguish between nationals, a phenomenon manifest in relation to dual nationals or racialized nationals. Whither international law in all of this? When it comes to globalization, international law was as...
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...05 Aug Medellin: Did Texas Cut a Deal With Mexico?
...by state law quirks that deprive Governor Rick Perry of the final say. On the other side, for all its bluster along the lines of “we didn’t sign no treaty,” Texas understands that the Avena controversy hasn’t been good for the state’s global image. So this represents the putative compromise. A slender reed of evidence for a deal: the Mexican government is MIA in all the press reports on Medellin’s impending execution. It appears not to be complaining publicly about the clear violation an IL obligation. If there were some...
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...05 Apr The Syria Attacks: Haven’t We Had These Debates Already?
Reports of another horrific use of chemical weapons against civilians in Syria seems to have affected President Trump. In comments today, President Trump said the chemical attacks against civilians “crossed a lot of lines for me” and changed the way he views Syria and leader Bashar al-Assad. Although it is always hard to interpret the President’s comments, he did cite his “flexibility” to change his policies. One might interpret this to mean that the U.S. my change course and directly use military force against the Assad government in Syria. As...12 Jan Autonomous Legal Reasoning: Legal and Ethical Issues in the Technologies of Conflict
...IHL regulate autonomous weapon systems? Are prohibitions better or worse than prescriptive authorities? Should IHL regulate via rules, standards, or principles? Finally, (6) why should IHL regulate autonomous weapons? How can IHL best prioritize among its foundations in military necessity, humanitarian values, and the practical reality that the development of such systems now appears inevitable. In asking these questions, my essay offers a critical lens for gauging the current scope (and state) of international legal discourse on this topic. In doing so, it sets the stage for new lines of...