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...22 Jul Does the U.S. Need a Declaration of War on Al-Qaida?
...world we live in, not the world we wish we lived in. Such rules should not provide greater protection than we would provide to American citizens held as enemy combatants in this conflict; and they must assure that court proceedings are not permitted to interfere with the mission of our armed forces. In other words, soldiers fighting the war on terror, for example, should not be required to leave the front lines to testify as witnesses in habeas hearings. Affidavits prepared after battlefield activities have ceased should be enough. And,...
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...13 Jun What Comes Next?
...of criminal justice in the Military Commissions Act. Under the majority’s opinion, Congress can create procedures governing review; Congress can funnel the cases to a new court to conduct that review; Congress can define burdens of proof; and Congress can define the categories of people who are detainable. Indeed, I’ll argue in a later post that the majority essentially invites Congress to do so—albeit in a more thoughtful way than the 15 lines of statutory text which constitute the sum total of congressional participation on this question to date. Will...
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...
27 Mar Symposium on Prosecuting Heads of State for International Crimes: Punishing the Powerful – The Allure and Limits of the Penal Accountability Paradigm
...Israeli Prime Minister Benjamin Netanyahu. Al-Bashir, Putin, and Netanyahu all remain at large, with the latter two firmly in power in their respective states. And yet, for many, the moments when these warrants were issued were experienced as triumphs of international law: a first breach in the wall of impunity, suggesting that even the most powerful Heads of State are not above the law. This sentiment persists even amidst long-standing critiques regarding the ICC’s selectivity in terms of West/Rest and North/South lines. The allure of such prosecutions is undeniable. In...