Search: crossing lines
27 Mar New Documents Reveal Kissinger’s Support of 1976 Coup in Argentina
...and the disappeared.” The documents also reveal that the U.S. had advance knowledge of the impending coup: More than a week before the coup, Ambassador Robert Hill sent Assistant Secretary Rogers a secret cable reporting that the commander of the Navy, Admiral Emilio Massera, had requested that the U.S. embassy “indicate to him one or two reputable public relations firms in the U.S. which might handle the problem for a future military government.” Massera, according to the cable, promised that the Argentine military would “not follow the lines of the...
24 Aug Rohingya Symposium: Is Justice for the Rohingya Possible Within Myanmar?
...would also facilitate prosecution as a practical evidentiary matter. Needless to say, the conflict has exacerbated Rakhine-Bamar ethnic tensions and further undermine stability in the region (with respect to the Rohingya, tensions are dispersed along ethnic (Rohingya-Rakhine-Bamar) and religious (Muslim-Buddhist) lines). In the lead-up to the national elections on November 8, a Rohingya Muslim politician was not allowed to contest based on citizenship grounds. These developments weaken prospects for voluntary repatriation of the Rohingya. The saga of violence, persecution, and impunity also make it unlikely for the Rohingya to find...03 Nov Zivotofsky and the Disaggregated State
...the other side there was some characterization of the law as imposing “compelled speech” on the Government. Justice Kennedy took care of that with prospective disclaimers that the executive branch could issue, even on the passport itself. Along those lines, there was this interesting response from Justice Alito to SG Verrelli’s assertion that the statute poses a “very serious risk” of harming US credibility on the sensitive issue of Jerusalem’s status: Justice Alito: Why would that be so? No matter how this Court decides, everyone will know what the position...02 May A Hallmark Day on the Calendar of History
The best lines in President Obama’s speech last night were at the beginning: It was nearly 10 years ago that a bright September day was darkened by the worst attack on the American people in our history. The images of 9/11 are seared into our national memory — hijacked planes cutting through a cloudless September sky; the Twin Towers collapsing to the ground; black smoke billowing up from the Pentagon; the wreckage of Flight 93 in Shanksville, Pennsylvania, where the actions of heroic citizens saved even more heartbreak and destruction....
05 Oct ‘Barbie’: How a Film has Reignited the Debate About China’s Claims to Sovereignty in the South China Sea
...South China Sea,’ stating that: ‘[We Hereby] Reaffirm our respect for and commitment to the safety and freedom of navigation in and overflight above the South China Sea, in accordance with international law, including the 1982 UNCLOS.’ Momentarily, however, China-ASEAN negotiations on a ‘Code of Conduct in the South China Sea’ have stalled; nevertheless, guidelines to accelerate them were agreed on 13 July 2023. ‘Blurred Lines’ Meanwhile, the Philippines has approved the release of ‘Barbie.’ The Philippine Movie and Television Review and Classification Board has concluded that the film does...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...
04 Aug Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – Wanted: ‘Widest Adoption Possible’ of the Ljubljana-The Hague Mutual Legal Assistance Convention
...language from ‘shall’ to ‘may’ was necessary—in fact, it could be a deal breaker. The change would permit States that do not recognize the customary nature of universal jurisdiction for crimes under the Convention to nevertheless join (see debates in the UN General Assembly Sixth (Legal) Committee here, here, and here). Ultimately, ‘shall’ was retained—and therefore so too was the substantive obligation. Reading Between the (Red) Lines Ostensibly, these are two examples of compromise with the same goal—seeking the greatest number of State Parties possible. However, the context in which...31 Mar HILJ Online Symposium: On the Love of Hybrids and Technicalities
...rights protection, 27-30). We part our ways – although perhaps more in terms of reasoning than the conclusion (p 43) – when the article makes an argument for interdependence of investor’s and State’s rights, with the first claim against the respondent State (whoever of the two it might be brought by) precluding the second one, along the lines of the ICSID Convention (pp 43-9). The first objection is that this argument cannot be based on the principle underlying the rule of the ICSID Convention: article 27(1) does not waive or...
23 Oct Compliance Symposium: The Role of the United Nations Special Representative of the Secretary-General for Children and Armed Conflict
...Armed Conflict was created by the General Assembly ( Resolution A/RES/51/77 ) following the publication, in 1996, of a report by Graça Machel titled the “Impact of Armed Conflict on Children”. The Machel Report provided the first comprehensive assessment of the multiple ways in which children are abused and brutalized in the context of war. It highlighted that contemporary warfare was changing and that the lines between civilian and combatant were no longer clear, with children often on the frontline and directly targeted. It stressed the disproportionate impact of war on children and...