Search: crossing lines

...“rulebook,” I would suggest that it does require shared parameters along the lines I sketched above. Further, I agree with Monica that conduct or positions that exceed existing CIL are “legally cognizable” (1521) and have the potential to affect the content of CIL (1494). However, although such positions are very much part of the process that shapes CIL, they are not CIL, as Monica appears to suggest (1511). In my view, it is important to maintain a distinction, and to be able to assert that such conduct or argumentation is...

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...

...is obliged to notify the neutral states of risks to innocent shipping. As long as military circumstances allow, the requirement to provide notification must be fulfilled promptly. Delayed notification does not automatically result in a breach of international law.  The Tripartite Mine Clearing Operation  As seen above, the three states being Bulgaria, Romania and Türkiye (“the Tripartite”) have adequately reported the locations and the dangerous presence of sea-mines in the Black Sea near their coastal lines. The fact that all of them informed the international community about the presence of...

...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...

...inequalities and fault-lines within society. As the world slowly returns to a not-so-normal new normal, social, financial assistance and access to safe, secure homes and the right to housing for LGBTQ persons will remain illusive. Without protection from discriminatory application of laws, lockdown and COVID-19 related measures, LGBTQ persons will continue to be disproportionately targeted by police in the application of new emergency criminal law. The increase in executive control shifts state power towards authoritarianism in many places and this does not auger well for human rights protections that we...

...commanders for leading an attack on African Union peacekeepers in Darfur.) However, a successful prosecution requires the prosecutor to prove that the peacekeepers were “entitled to the protection given to civilians . . . under the international law of armed conflict” and that “the perpetrator was aware of the factual circumstances that established the protection.” To prove these elements, prosecutors often point to the peacekeepers’ distinctive uniforms, colors, and emblems to argue that the attackers knew that they were attacking protected peacekeepers, not an enemy force. Blurring the lines between...

...acknowledges that decentralized digital systems cannot be effectively governed through top-down state intervention or private self-regulation alone. Embedding Human Rights in Decentralized Governance  If blockchain governance requires new institutional models to ensure accountability, the same holds true for human rights. Historically, human rights law was designed to hold centralized entities—primarily states—accountable for violations against individuals. But blockchain challenges this premise: it disperses authority, embeds decisions in code, and blurs the lines of legal responsibility. In this context, human rights protection must also evolve to operate within polycentric systems. Just as...

...and Kooijmans recognized that in a post-9/11 world containing failed states, state practice strongly supports the view that an expansive reading of Article 51 to include non-state actors is appropriate. Sunday’s operation was another example of state practice undertaken with the belief that the boundaries of the battlefield are not determined by geopolitical lines but rather by the location of participants in an armed conflict, whether the participants are states or non-state actors. This continues to be the standard for determining where the law of armed conflict is properly applied....

...on high-level political issues. However, persons close to the negotiations on both sides have confirmed that the most contentious single issue related to the treatment of civilians and civilian contractors. The Pentagon viewed both DOD civilians and contractors as an essential part of the force deployed; accordingly the United States insisted that both be covered by immunity provisions under the SOFA. The Iraqis replied that they were essentially prepared to enter into a SOFA along the lines of those that the United States had concluded in the years following World...

...the army and police, blurring the lines between the two, and started a People’s Militia where neighbor spied on neighbor and civilian members used army-supplied guns and equipment to intimidate those perceived as not sufficiently supportive. Militia membership was a way to show allegiance to the regime. Dissidents were harassed, detained, tortured, or disappeared, their families often forced to self-exile to the United Kingdom or Australia. Victoria, Mahé, Seychelles—March 5, 2021. The Truth, Reconciliation and National Unity Commission (TRNUC)—a truth-seeking body devoted to investigating alleged violations of human rights during...