Search: crossing lines
18 Aug States of Justice Symposium: Politicised Referrals are Still Referrals Nonetheless
...that will mitigate the use of international criminal justice for political and security ends; and not blur the lines between peace and justice (Werle and Zimmermann 2019, 3). The idea that international justice is “inherently political” (Ba 2020, 65) holds true for the instances highlighted by Ba in the book. Similarly, bringing perpetrators of gross human rights violations to account; providing victims of international crimes with a platform to detail their violation; and providing reparations for victims is also justice. In conclusion, Russian novelist and philosopher Aleksandr Solzhenitsyn writes: “When...
23 Feb Aerial Incident of 25 December 2024: Issues of Russian Responsibility
[Doniyor Mutalov is a Research Assistant at the Center for International Law and Governance, where he works with Professor Sebastián Mantilla Blanco. He holds an M.A. in Law and Diplomacy from The Fletcher School at Tufts University and was awarded the Leo Gross Prize for excellence in law studies] Facts On December 25, 2024, Azerbaijan Airlines Flight 8243, an Embraer 190 with 67 people aboard, was shot down by the Russian Armed Forces while flying over the Chechnya region of Russia. The plane then crashed in Aktau, Kazakhstan, killing 38...26 Jun YJIL Symposium: Human Rights and Climate Change Adaptation at the international Level
...apartheid, which is most often associated with an institutionalized legal regime of separating the races for the purpose of systematic oppression. For example, how do discussions of the climate change legal regime and the disparate impacts along geographic and gender lines relate to traditional uses and understandings of the term apartheid? The bulk of the authors’ text focuses on approaching the problem of climate change adaptation from a human rights perspective, highlighting national initiatives and touching on possible international ones. The issue of climate change refugees provides an excellent case...
09 Dec Symposium on Forensic and Counter-Forensic Approaches to International Law: The Production of Visible Evidence in the Gaza Genocide
...and juxtaposing a mass of images and data. This entails gaps and a level of speculation which makes OSINT based evidence subject for reinterpretation and invites immanent suspicion. OSNIT’s promise of access should be considered in relation to larger historical shifts in media technologies that were celebrated as a democratization of media—no longer relaying on a centralized institutional framework, often sponsored by the state—and technological freedom—the lightness, affordability and user friendliness of digital technologies. As critics of media and humanitarianism have showed, this notion of access was tightly tied to...
03 Oct People Make the World: A Conversation with Georges Abi-Saab
...find themselves operating “behind enemy lines,” working in institutions and structures that are hostile to their perspectives, not to mention to their very identity. Rather than rejecting these institutions altogether, Abi-Saab advocates for guerrilla legality, participating with the aim of subverting the dominant logics. His role in cases such as Tadic and his time at the Appellate Body of the WTO are exemplary of the way Third World intellectuals can shift the debate toward more equitable outcomes. It is a balancing act, he tells us, and Third World scholars must...
27 Nov ‘I Want to Put the Social Question Back on the Table’ – An Interview with Anne Orford
...and I am blocked. Then I am trying to figure out why, what is stopping me from thinking about this in a way that would be productive. Often, I find that someone or some tradition is telling me that I cannot think about that. I think that happens for lawyers a lot more than in other disciplines. I say this a little bit tongue-in-cheek, but we are a little bit authoritarian in that we really look for authority. ‘What’s your authority’ is a proposition that makes sense in law. We...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,...18 Apr More on Baltasar Garzon
...particular irritated many people in Spain, even across the party lines – Garzon’s arrival at the station and taking charge of the investigation ‘on no authority whatsoever other than his own ego’ (I quote an annoyed Zapatero supporter at the time). There was also quite a lot of irritation that Garzon seemed to have unlimited capacities for pursuing universal jurisdiction claims and attendant international headlines abroad – but could not manage to find time, so the allegation went, for piled up, years dragged out, quotidian domestic cases on his docket....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...