Search: crossing lines
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...19 Dec Bali High?
...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...
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...
15 Sep Lebanon’s Fight Against Trafficking: How One Judge’s Decision Could Help Preserve the Country’s Standing
...entire country and for the region. Its outcome could determine Lebanon’s global standing, as well as the treatment of thousands of women still trapped within the Kafala system. LAW is an independent non-profit organization of lawyers and jurists working on the front lines in fragile and conflict-affected areas. It empowers individuals and communities affected by human rights violations to seek justice and strengthens institutions to deliver it. Operating in Lebanon since 2018, LAW provides legal information, assistance, and representation to vulnerable groups of all nationalities—including women and girls, migrant domestic...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...
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...
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....
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)....
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...