Search: crossing lines
05 Aug Medellin: Did Texas Cut a Deal With Mexico?
...by state law quirks that deprive Governor Rick Perry of the final say. On the other side, for all its bluster along the lines of “we didn’t sign no treaty,” Texas understands that the Avena controversy hasn’t been good for the state’s global image. So this represents the putative compromise. A slender reed of evidence for a deal: the Mexican government is MIA in all the press reports on Medellin’s impending execution. It appears not to be complaining publicly about the clear violation an IL obligation. If there were some...
08 Mar A Short-Term Option for Addressing Misinformation during Public Health Emergencies: Online Nudging and the Human Right to Freedom of Thought
...and applying nudges to online news feeds that they think will help so-called ‘non-elites’ make ‘smart’ decisions (see this work of Michael Sandel at 81-112). Aside from the condescension that arises with practices and communications that run along the lines of ‘we know better than you’, which inhibits public trust (see, for example, here and here), nudging raises additional human rights considerations. There are a number of human rights dimensions to the current pandemic that have been highlighted (see, for example, here), including with respect to misinformation (see here and...02 Nov Assessing the ICJ: Getting Off the Merry-Go-Round
...to take an oath to “believe in the ICJ” (as Julian also implied) or anything along those lines. And I am somewhat amazed that Julian could read my post and think that. Nice straw man maneuver, but let’s stick to the actual issues. My question remains: to what end are Julian’s arguments? There are many possible criticisms of the ICJ from the left, right, and center. For example, some may argue that the ICJ takes on too many politically contentious issues (like the Israeli Security Barrier case), while others criticize...
10 Dec Symposium on Forensic and Counter-Forensic Approaches to International Law: Looking Down and Looking Away – The Aerial Perspective in Investigations of Armed Conflict and Genocide
...the accusation brought by South Africa that Israel was committing genocide against Palestinians in the Gaza Strip. All the photos they used (including video stills, satellite photos, and footage from drone cameras) feature the aerial perspective. The images look clinical, detached, objective. They are annotated with words and lines superimposed on the photos. The Israeli legal team used the visuals to argue that Palestinian fighters had embedded themselves in schools, hospitals, and residential buildings, providing legitimation for the relentless attacks on civilian infrastructure in Gaza. Only weeks later, Forensic Architecture...
13 Apr ICC Prosecutor Symposium: The Appointment of the Next ICC Prosecutor Is Not a Forum for Career Transition
...as a team player? The first two Prosecutors loomed large in the public perception of the Court, and its portrayal in the media. This certainly advanced a better understanding of Prosecution priorities and strategies concerning different cases, but also arguably led to blurred lines concerning the difference between the Prosecutor as a leading representative of the Court, as an institution, and the Prosecutor as a party to proceedings, which are presided over by Judges. Charisma may be important -– a Louis XIVth “sun king” style leader might further raise the...19 Aug Eritrea-Ethiopia Claims Commission Awards Final Damages
...10. US$75,000 for other government losses on the Central Front; 11. US$125,000 for looting of property from the Relief Society of Tigray; 12. US$150,000 for damage in Adi Goshu; 13. US$625,000 for shelling damage in Sheraro; 14. US$65,000 for damage caused by the attack on the Mekele airport; 15. US$4,000,000 for profits lost by Ethiopian Airlines; 16. US$1,703,020 for failing to provide Ethiopian Airlines access to its bank accounts at the Bank of Eritrea; and 17. US$7,500,000 for reconstruction and assistance to internally displacedpersons. C. As determined at the liability...21 Jul Guest Post: Jurisdictional Aspects of the Article 12(2) Rome Statute Vessel Provision: Some Thoughts on the Provision’s Dogma and Implementation in light of the Comoros Referral
...which while not embedded in the wording of the provision itself, still constitute part of its essence. The Rome Statute provision was drafted along the lines of article 91 of the UN Convention on the Law of the Sea (UNCLOS). The latter, echoing a strong jurisprudence and treaty tradition stipulates and favours the notion that there must be a genuine link between the flag state and the vessel. This genuine link requirement is critical. While in some instances judicial bodies may have appeared reluctant to assert it, the reason was...
22 Mar SCSL Symposium: The Important Contributions of the Special Court for Sierra Leone on Amnesties and Immunities–Reinforcing Foundational Principles of International Criminal Law, Part II
...of its creation and its pedigree, was an “international court” along the lines of similarly created (although not identical) institutions – the ICTY, the ICTR, and, of course, the ICC. For this reason, it found that it fit squarely within the Yerodia exception. Likewise, in its 2019 decision in the Al Bashir case, the ICC Appeals Chamber resolved the case similarly. Although Jordan had argued before the Appeals Chamber that the ICC was a ‘foreign’ court, and that it could not exercise jurisdiction over Al Bashir who was a sitting...