Search: crossing lines
12 Dec Symposium on Forensic and Counter-Forensic Approaches to International Law: Human-in-the-Loop or Human-in-the-Dark? Algorithmic Targeting and the Evidentiary Collapse of Genocidal Intent in Gaza
...how intent can be pieced together even when scattered across lines of code, data servers, and fragmented chains of approval. In this light, Gaza is not only a humanitarian catastrophe but a testing ground – compelling a fundamental rethinking of evidence, intent, and accountability in the era of digital warfare. Naming the Violence, Rethinking the Law Judge Tladi’s warning now confronts a stark and unprecedented reality: we have entered a dangerous phase in which weapons systems powered by artificial intelligence are actively being deployed in the commission of genocide in...
03 Nov Third Annual Symposium on Pop Culture and International Law: Subverting Otherness Against Oppression – Decolonizing International Legal Scholarship Through the Music of Bob Marley and the TWAILers
...educational and religious systems of Western civilization, the ideological pillars of the imperialist colonial order: Building church and university Deceiving the people continually This part calls for epistemological independence, in terms similar to the famous lines from ‘Redemption song’: Emancipate yourself from mental slavery None but ourselves can free our minds ‘Ambush in the Night’ continues the argument against the status quo of colonial and imperialist domination. The song shows Marley’s skepticism and distrust not only of his friends, but of Babylon’s operations in general (political theories, ideologies, educational or...
07 Oct Killing in the Name: Three Legal Paradigms to Evaluate the Legality of US Actions in the Caribbean (Part I)
...signs of acting under its effective or overall control. All these facts support the conclusion that these conducts cannot be legally qualified as being to the prejudice of Venezuela and are thus not governed by jus ad bellum rules on account of not being directed against another State’s political independence or territorial integrity. Or, rather, that the use of force regime is inadequate to assess the legality of the strikes for a lack of identity ratio materiae. Along the same lines, attention should be paid to the communication emanated from...
07 Feb Overfocusing on Prosecuting Aggression Risks Impunity for Ukraine’s Swelling Dock of Alleged War Criminals
...any tribunal—international, hybrid, or otherwise—any time in the near future. Rather, the international community must turn its attention to the serious issue of the ever-expanding dock of Russian prisoners of war in Ukrainian custody accused of war crimes. While the ICC has made headlines for the Prosecutor’s bold issuance of an arrest warrant against President Putin, which has already made the Russian despot’s world significantly smaller, the Court’s limited resources and system of complementary jurisdiction make it suited to try only individuals most responsible for widespread atrocity crimes in Ukraine....
02 Nov Third Annual Symposium on Pop Culture and International Law: Game of Thrones and Hjalmar Schacht
...increase employment, or enforce reserve cash requirements on other banks. Rather, it functions as a private bank that provides credit to, among other entities, nearby city-states and kingdoms, much along the lines of the Medici Bank of the 15th century and the Fuggers of the 16th. By any standards, its lending is reckless. The profligate spending that all but emptied the treasury under King Robert Baratheon would have been impossible without a dependable stream of Iron Bank loans, none of which seem to have had the strings attached that we...
07 May Reassuring the Inviolability of Diplomatic Premises: Worrying Trends from Ecuador to Syria
...property. In the days leading up to the raid, Mexico’s foreign relations secretariat decried the build-up of Ecuadorian police forces outside the embassy. Afterwards, Ecuador described Mexico’s conferral of asylum to Glas as an abuse of privileges and immunities, entitling Ecuador to apprehend the asylee. Tehran Hostages (1980) is the leading ICJ case on inviolability. In it, the Court characterizes diplomatic law as a self-contained regime which outlines both the obligations of the receiving state with respect to diplomatic missions, and the means by which they can respond to abuses...
10 Oct Reimagining Palestine in TWAIL Scholarship
...The hesitation of academics to confront tangible aspects of settler-colonialism is consistent with their worldview, he explains. Doctrinal and critical scholars alike unite in the near beatification of the Westphalian tradition, a system that relies on the negation of indigenous and non-state sovereignty. In this context, even calls for Palestinian self-determination appear timid, contingent on colouring within the lines of Israeli administrative zones. As I’ve argued elsewhere, this leads TWAIL scholars to an intellectual and ethical cul-de-sac. We admit the profane origins and practices of international law—from a TWAIL perspective,...31 Mar HILJ Online Symposium: On the Love of Hybrids and Technicalities
...rights protection, 27-30). We part our ways – although perhaps more in terms of reasoning than the conclusion (p 43) – when the article makes an argument for interdependence of investor’s and State’s rights, with the first claim against the respondent State (whoever of the two it might be brought by) precluding the second one, along the lines of the ICSID Convention (pp 43-9). The first objection is that this argument cannot be based on the principle underlying the rule of the ICSID Convention: article 27(1) does not waive or...
15 May EU Corporate Human Rights Due Diligence Obligations: From Means to Results
...least adequately mitigate them. This makes it clear that duty of vigilance cannot be fulfilled by a tick box exercise. Along these lines, Article 9 requires that the corporation sets a complaint mechanism for legitimate concerns regarding the adverse human rights impacts of the corporation’s activities. As for the duty of care counterpart of HRDD in the Commission’s Proposal, concerns have been raised on the nature of the obligation it establishes. Indeed, national law considers duties of care as obligations of means/best efforts: if the defendant proves that they were...09 Mar Jenni Millbank Reflects on Panel 3 and Responds to Guglielmo Verdirame
...can be definitively drawn between integral and marginal conduct associated with sexuality. Sexual orientation is expressed—and revealed—in hundreds, if not thousands, of subtle and obvious ways through appearance, speech, behavior, dress and mannerisms. Moreover, lines between what is “integral” and what is “marginal” conduct associated with sexual minorities in another culture prospectively drawn by Western decision makers have often failed to properly encompass accepted human rights standards, as the lower level decisions in HJ and HT amply demonstrate. Over a decade of my own research on sexuality-based refugee status determination...