Search: crossing lines

...by showing up the concurrent timelines at play (still enduring one trauma as the next begins), demonstrating the snares that law sets for itself (through, for example, not anticipating its own failure or ‘stuckness’), and the predictable outcomes of the timelines law and policy establish. NM: I was struck, in reading the collection, by the pervasive presence of temporality in human rights law, in its promises and aspirations and also in its fault lines and limitations – from the idea of progressive evolutive interpretation in the ‘living instrument’ doctrine of...

The beginning of Charles Taylor’s trial before the Special Court for Sierra Leone is obviously big news, and those who are interested in the trial should check out the live-blogging and analysis here. But Taylor’s trial should not overshadow an equally important event related to the civil war in Liberia — the launch of Liberia’s Truth and Reconciliation Commission: The commission was established along similar lines to South Africa’s post-apartheid body. Since 2003, Liberia has inched forward, helped by the presence of thousands of peacekeeping troops. The conflict saw the...

...discretion here. If the Administration has a policy to treat detainees “humanely” but nonetheless prisoners are not being treated “humanely” as well as (possibly) in violation of certain laws, the Administration is responsible for not preventing these abuses, even if they were not technically illegal. In order for the Administration to use coercive interrogations skirting the lines of legality, they must demonstrate the judgment and the credibility that they would wield such power judiciously. Their record thus far is not very reassuring, to say the least. No one in the...

...killing at least ten people and multiple assassination attempts targeting President Zelensky, the recent Iran–Israel conflict stands as a powerful case study in how emerging regional crises can dominate headlines and divert international attention away from Ukraine’s ongoing fight for survival. This split focus provides Moscow with a strategic window to escalate, while Europe and a Trump-led United States juggle diplomatic priorities. The global order, long anchored in deterrence and alliances, is being tested simultaneously on multiple fronts. As tensions in the Middle East have absorbed much of Washington’s and...

[Samantha Franks is an associate at a law firm in Washington D.C., where she specializes in international trade. She is a former Frederick Douglass Fellow, a former Fulbright postgraduate scholar, and a current member of the Department of Health and Human Services Office on Trafficking in Person’s working group.] For many fans of the Marvel Cinematic Universe, the 2021 release of Black Widow felt like a breath of fresh air. After twelve years on the sidelines, the film finally gave the first female Avenger, portrayed by Scarlett Johansson, a story of her...

...in which the reconstruction of the past event is made. Thus, while adjudicators and investigators examine evidence regarding past events, their examination involves lenses that are affected by current circumstances (like current emotions or contemporary norms of attention). Furthermore, cognitive processes employed by judges or military investigators are vulnerable to well-known biases (such as confirmation bias, which is highlighted in Krebs’s chapter). Buis rightly underlines the role of emotions in IHL. Indeed, recent social cognitive studies underline the role of motivation and emotions (labelled as ‘affect’) in a broad range...

...refute this concern, the Report should have examined all foreseeable and relevant factors that would affect that determination. And given the gravity of the decision, and the failure to pursue various foreseeable lines of inquiry, the Report is indefensible. In fact, we can recall that some reporting claimed that the internal State Department cables between the non-political departments reached a drastically different outcome on the assurances than the Report given to Congress does. We know that a State Department employee who was a contributing author on the first draft of...

...in the last century. While views of the relationship between power and international law are diverse, and many approaches straddle heuristic lines, they can be grouped into four intellectual movements: classical legal thought; realism (of which there are three variants); law matters (sociological, rationalist-institutionalist, and liberal views); and constructivism. Each major intellectual movement may be seen as a reaction to the ideas that preceded it, and each may be better understood in the context of international developments contemporaneous with their emergence. In recent years, each major movement has evolved to...

...this work, as well as the special role of the Department of Justice in protecting the American people and upholding the Constitution. Before 9/11, today’s level of interagency cooperation was not commonplace. In many ways, government lacked the infrastructure – as well as the imperative – to share national security information quickly and effectively. Domestic law enforcement and foreign intelligence operated in largely independent spheres. But those who attacked us on September 11th chose both military and civilian targets. They crossed borders and jurisdictional lines. And it immediately became clear...

...met before the ICJ and rarely, if ever, before other fora (p. 80-81). In the Bosnian Genocide case, the ICJ was asked to uphold the more relaxed test of “overall control” proposed in the Tadić Appeals judgment (1999) of the International Criminal Tribunal for the Former Yugoslavia. Under that test, conduct such as the US’ in Nicaragua could have given rise to attribution.  Yet the Court upheld the “effective control” test as reflecting customary law, arguing that more lenient tests would blur the lines between private and State action (¶¶402-404)....

...paragraph no unnecessary sentences, for the same reason that a drawing should have no unnecessary lines and a machine no unnecessary parts…. Many expressions in common use violate this principle…. In especial the expression “the fact that” should be revised out of every sentence in which it occurs. So how do the top law journals perform under the microscope of William Strunk and E.B. White? In the countless hours of drafting and editing, do the top scholars and top student editors adhere to this elementary principle of composition? The results...

...of bold transformation that many think is needed, given the severity of the climate problem. Moreover, the difficulties in negotiating the Bali Roadmap do not bode well for the treaty negotiations that will now commence. Despite the Bali decision, many countries (the United States foremost among them) still appear unprepared for serious negotiations – certainly, not until after the US Presidential elections next year. To make real progress, what is needed, above all, is US domestic action, along the lines of the Lieberman-Warner bill that was reported out of committee...