Search: crossing lines
06 Jul Weekend Roundup: June 29-July 5, 2013
This week on Opinio Juris, Kevin posted how there will be no golden arches in the West Bank, kept track of the latest episode of Crossing Lines, and wondered about the anonymity of an ICTY witness whose name was made public by the ICTY. Ken turned the spotlight back to the Chevron/Ecuador dispute. A Washington Post profile on the dispute led him to inquire about third-party litigation finance. He also pointed to Julian’s WSJ op-ed, with George Conway, on Chevron’s legal offensive. Julian has been busy, he also posted an...09 Jun The ICC in Film: The Hitman’s Bodyguard
[Melanie O’Brien is Senior Lecturer in International Law at the UWA Law School, University of Western Australia; and an affiliated researcher of the Asia-Pacific Centre for the Responsibility to Protect, University of Queensland.] Followers of Opinio Juris well know Kevin Jon Heller’s criticism of Crossing Lines and its portrayal of the ICC. I recently watched the action-comedy The Hitman’s Bodyguard, a film that includes an ICC-related storyline, and it certainly opens itself up to some well-deserved criticism about its portrayal of the ICC. The storyline of The Hitman’s Bodyguard is...29 May Thoughts on Scott Turow’s ICC Novel, TESTIMONY
...Turow, with fingers being pointed in all directions and the ending coming as a suitably-foreshadowed surprise. It is also worth noting that Turow’s decision to set the book at the ICC instead of the ICTY is actually quite clever. We are not in CROSSING LINES territory here. Bosnia is a member of the Court and the Roma massacre took place in 2004, so the ICC clearly has jurisdiction. More importantly, Turow is on firm ground when he explains that the ICTY considered the case but ultimately decided it did not...14 May Resisting Erosion
...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...
14 Mar An Off-Ramp for the War in Ukraine
...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,...04 Mar Ristroph on Posner & Vermuele
...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...13 Nov Holder Speaks
...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...31 Jul Al-Marwallah and Standards for Detention
...“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...04 May Breaking the Silence — About Israel’s Assault on Gaza
...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...05 Nov The OTP Concludes Israel Is Still Occupying Gaza
...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:...