Search: crossing lines
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...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...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....
31 Oct Fourth Annual Symposium on Pop Culture and International Law: “Equivalent Exchange” – Reparations for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law in Fullmetal Alchemist
...the beginning of uprisings and riots as one of them, disguised as an Amestrian soldier, deliberately killed an Ishavalan child, leading to an all-out war between the Amestrian Military and the Ishvalan rebels. This conflict lasted for seven years, until President King Bradley (one of the Homunculi himself) issued Executive Order 3066 which sent the so-called State Alchemists (alchemists who obtain a specific certification and become members of the Military) on the front lines as human weapons with the order to kill every Ishvalan left. This marked the beginning of...
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 I
...lines of the ICTY or the ICTR) nor an entirely domestic court. Instead, it was established sui generis, via a bilateral agreement between the United Nations and Sierra Leone. The agreement establishing the Court was signed on January 16, 2002, and entered into force on April 12, 2002, with the Statute of the Court annexed thereto. The manner of the Court’s creation became important in the Taylor case when the question of Charles Taylor’s possible immunity as a Head of State was raised as a bar to his prosecution. The...05 Apr The Syria Attacks: Haven’t We Had These Debates Already?
Reports of another horrific use of chemical weapons against civilians in Syria seems to have affected President Trump. In comments today, President Trump said the chemical attacks against civilians “crossed a lot of lines for me” and changed the way he views Syria and leader Bashar al-Assad. Although it is always hard to interpret the President’s comments, he did cite his “flexibility” to change his policies. One might interpret this to mean that the U.S. my change course and directly use military force against the Assad government in Syria. As...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...
02 Dec For the Biden Presidency, Promoting Human Rights in Asia Aligns Well with US Strategic Interests
...policy would be problematic. Nowhere is this more evidently true than in the strategic hub of Asia. The far-flung continent was a priority of President Barack Obama, whose famous “pivot to Asia” included “six key lines of action”: strengthening bilateral security alliances; deepening our working relationships with emerging powers, including with China; engaging with regional multilateral institutions; expanding trade and investment; forging a broad-based military presence; and advancing democracy and human rights. Clearly, promoting human rights was considered integral to a broader, and interconnected, nucleus of US strategic interests in...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...