Search: crossing lines
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...21 Feb Would Assassinating Iranian Civilians Be Legal? (Updated)
...iranian atomic scientists, supporting the simmering insurgencies within Iran, putting the mullahs’ expat business interests out of business, etc. Basically, stepping on the Iranians’ toes hard enough to make them reconsider their not-so-covert war against us in Iraq. And we should have been doing this since the summer 2003. But as far as I can tell, we’ve done nothing along these lines. Reynold’s post prompted a reply in the Rocky Mountain News by Paul Campos, a law professor at the University of Colorado, entitled — appropriately enough — “The Right’s...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...
30 Mar COVID-19 Symposium: Returning “Home”–Nationalist International Law in the Time of the Coronavirus
...their nationals suspected of having joined DAESH, leaving no doubt that even solicitousness for one’s nationals (let alone the attitude to non-nationals) remains a highly bifurcated affair. The lines of nationality – or at least the sort of nationality that is deserving of the state going out of its way to provide protection – can sometimes be subtly redrawn to distinguish between nationals, a phenomenon manifest in relation to dual nationals or racialized nationals. Whither international law in all of this? When it comes to globalization, international law was as...
13 Feb Options for a Peace Settlement for Ukraine: Option Paper XVIII – Energy
...other Party than the price charged for those energy goods or raw materials when destined for the domestic market, by means of any measures such as licences or minimum price requirements. One would therefore expect that something similar could be included in a Ukraine-Russia peace settlement. In addition, Ukraine might also seek a fall-back guarantee that it can purchase energy from its partners, for example the EU and the US, or Norway. The Egypt-Israel peace settlement also came with a side agreement along these lines. To encourage Israel to participate...30 Nov Smith-Mundt and the Battle for Hearts and Minds
...his Department firmly believes themselves to be covered by the Act, a source tells me outgoing Undersecretary of State for Public Diplomacy Karen Hughes was not aware of this until a few short months ago). Smith-Mundt has shaped the content and methods of communications from State and Defense through institutionalized firewalls created along artificial lines, fostering a bureaucratic culture of discrimination that hampers America’s ability to participate in the modern struggle over ideas and managing perceptions. The rest of the post provides a history of Smith-Mundt and how it affects...