Search: crossing lines
24 Aug Error 404: Responsibility Not Found? Evidentiary Dilemmas in Attributing Cyber Operations
...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)....09 Oct Omit Needless Words
...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...04 Jun Guest Post: Stepping Back from the Precipice in Bond
...of the nation’s population). In his opinion, however, Justice Thomas suggests that the judiciary should begin to draw such lines and should, in particular, recognize that “treaties by their nature relate to intercourse with other nations (including their people and property), rather than to purely domestic affairs.” Justice Thomas acknowledges that “the distinction between matters of international intercourse and matters of purely domestic regulation may not be obvious in all cases.” Even so, he concludes that “hypothetical difficulties in line-drawing are no reason to ignore a constitutional limit on federal...
24 Mar The Potential of Gender Persecution in ICC Case Abd-Al-Rahman: A Twofold Opportunity to Interpret its Customary Status and Intersectional Discrimination
...para 54). Intersectionality fulfils this role enhancing ICL interpretations as it involves the application of customary IHRL standards such as the prohibitions of gender-based violence and discrimination. Intersectionality is not a substantive standard to be implanted in ICL, but a tool to interpret complex discrimination processes underpinning violence through contextualization, capturing the dynamics and lines of force of discrimination (MacKinnon 1023-4). Intersectionality does not involve any concept foreign to ICL but is inherentto it. It addresses concepts such as the prohibition of discrimination and gender-based violence that (as above-mentioned) have...13 Dec Transitional Justice and Judicial Activism Symposium: Closing
...They stall, dither, and, eventually, render flawed decisions that try to square the circle and appease everyone but end up appeasing no one. And when they take advantage of the little leeway they have and manage to dodge the case, they are open to criticism because of the lack of transparency about the considerations that have been weighted. His proposal that international tribunals would have discretion to refuse cases say along political question lines is very interesting. No doubt, where a tribunal is long established and has acquired considerable legitimacy...05 Mar AG Holder’s National Security Speech – Text
...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...