Search: crossing lines

...to investigate a situation referred to it. Kevin called on the ICC to keep its website updated, and listed four errors in the description of NBC’s upcoming series Crossing Lines on the ICC Police Unit, poignantly illustrating why outreach by the ICC itself is important to avoid a distorted public understanding of the ICC. Peter asked whether the Bangladesh Factory Safety Accord was a watershed moment in global governance, while Roger pointed out problems with the Accord’s arbitration clause. Julian put the spotlight on the confusing legal background of the...

...NYTimes also published the documents leaked by Bradley Manning. Following Bradley Manning’s conviction for espionage, Kevin corrected a common misperception about the meaning of “bad faith” in the Espionage Act. He also updated us on Libya’s latest admission that it intends not to cooperate with the ICC, and added that Libya’s representative is arguably in violation of the ICC’s Code of Professional Conduct. Kevin will not be updating us anymore on Crossing Lines though. As always, we listed events and announcements and provided weekday news wraps. Thank you to our...

...in nicely with Peter’s post on a new sovereigntist essay in Foreign Affairs. As Peter points out, Katerina’s findings may suggest that the tide is shifting on international law. Roger reviewed Andrew Guzman’s book Overheated, following Hari Osofsky’s review last Friday. Kevin followed up on the fallout of Judge Harhoff’s letter, called NBC’s new show Crossing Lines an “ unmitigated disaster ” and was sceptical about the implications, according to John Dugard’s article, of the ASP’s President’s failure to table a letter on Palestinian statehood. He also recommended a new...

...least Crossing Lines is even more confused about the ICC’s jurisdiction, although Kevin admitted to finding this week’s episode quite interesting. Sometimes fiction can teach international lawyers something though, as Chris explored in this post on what political science fiction can bring to international law. What isn’t science fiction though is the growing market in which hackers sell computer vulnerabilities they have discovered. Chris posted about the sometimes perverse incentives to regulate this market, particularly once governments get involved. In other posts, Kevin accused the US of applying double standards...

...for another round of negotiations next week on AWS, the message sent by this confrontation is clear: the battle over AI in war is not theoretical, academic or confined to the halls of diplomatic negotation…it’s playing out in real time with huge implications. Next week during the CCW session, some states will likely attempt to keep the status quo, others will attempt to propose guardrails and draw lines. Whether those lines are created and held, and whether they are respected and for how long and by whom, will have profound...

...new frameworks of affiliation and community might take. Do we need an international right to political participation? Or a political arm to NAFTA, for example? Along similar lines, I would ask Peter whether in redrawing lines of membership we must accept globalization-driven developments as they have happened, or whether we should actually use immigration and nationality law, and trade and foreign policy, for that matter, to strengthen the attachments to the nation state, or to resist certain aspects of the erosion you describe? As John points out, there is a...

...not be pressured by the West into accepting an outcome that rewards a war of aggression.  In the end, a settlement will be possible when other options become unavailable or less attractive to the parties to the conflict. This will be the case when outright victory seems unlikely for both sides, or when the losses and sacrifices imposed upon them by a continuation of the conflict become unbearable. There are clear red lines within a rules-based system that cannot be transgressed. These include territorial integrity, freedom to determine foreign policy,...

...confronting an underlying agenda through stridency, though I think some academics would benefit from reading between the lines a bit more. Here, I am strictly speaking about being honest about the actual merit of the opinions and analyses in question, next to the weight of prevailing work in the area, both in international law and other relevant disciplines. For example, I do think the ticking time bomb scenario that is so often used as starting concession against the universal of non-derogation, to make room for a sweeping Presidential prerogative, is...

...be the only logical way to break out of this complication from trying people who straddle the lines between illegal foreign combatants and domestic criminals. Howard Gilbert Al Qaeda recruited and trained foreign soldiers for the "055 Brigade" that fought on the front lines for the Afghan army. They trained 18,000 soldiers and at any time there were one or two thousand soldiers engaged in combat operations. Are there any private organizations in the US that recruit, train, and finance a Brigade of US Army soldiers? If they did, wouldn't...

...“back lines” of a fight in which we were on the other side, and he acknowledges being part of a military retreat with the enemy. Moreover, when asked whether he is a member of Al Qaeda, he says that he doesn’t know but he does “know I am an Arab fighter.” I would read such statements as an acknowledgement that he operated on behalf of Al Qaeda and the Taliban, in taking training from one organization and in being in some sense part of the other’s military formation and retreat–all...

...won't accept the 67 lines, then, it should just show us a map of this "Israel" they keep talking about, and then we'll be able to tell you whether we recognize it or not. Akiva Cohen Oddly, i seem to have missed Kevin's post on the Merriam & Schmitt work on Israeli targeting policy. As Kevin is an objective and serious scholar analyzing the reality of IHL and not a partisan hack looking to highlight anti-Israel reports (no matter their credibility) and bury studies that show Israel in a better...

...occupying power felt.”" This is a reference to paragraph 217 of Naletilic, in which the Court provides some guidelines which "provide some assistance." It is useful to go through the guidelines here, and apply it to Gaza: 1. the occupying power must be in a position to substitute its own authority for that of the occupied authorities, which must have been rendered incapable of functioning publicly Does this apply to Gaza? No. Hamas functions very publicly as the governing administration. This guideline corresponds to the following in the Hostages Trial:...