Search: crossing lines
16 Mar Lubanga Decision Roundtable: More on Co-Perpetration
...liability in that context is more obvious: co-perpetration requires an agreement to commit a crime — a common plan — whereas modes of participation such as instigation, aiding and abetting, and contributing to a group crime do not. In light of that fundamental difference, it would in no way blur the lines between principal and accomplice liability to adopt the same contribution requirement for both. My view, it should be noted, assumes that Article 25(3)(d) is limited to contributions to a group crime that are made by individuals who are...02 Apr HILJ Online Symposium: Greg Shill Responds to Christopher Whytock
...judgments. Instead, the problem—as I argue there and in Part III.A—is a federal statute and uniform act (28 U.S.C. § 1963 and the Uniform Enforcement of Foreign Judgments Act, which is law in 47 states) that effectively dictate the same result. Both laws establish a registration procedure that streamlines the enforcement of judgments across district and state lines: the plaintiff records the judgment with the court clerk and then proceeds to enforce, subject only to sharply limited defenses (e.g., defective process). Given that Part III.B.1 argues that states are not...18 May Book Discussion “Outsourcing War and Peace”: Contractor Accountability as a Barrier to SOFAs
...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...16 Sep Legal Accountability of International Organizations and Their Agents
...such as telephone lines, etc.? This is, after all, an investigation by a state DA, and not even a federal prosecutor. Although somewhat weirdly, given the politics at that moment, a local level investigation by a state DA of unimpeachable integrity and also a stalwart of the Democratic establishment – rather than a DOJ investigation by the then-Bush administration, turned out to be far more politically palatable. In any case, the weakened Annan did not do what might otherwise have been an inflexible and categorical response of the UN –...17 Sep In Free Trade Move, Honduras Privatizes Three Cities, Extremely (A New Kind of Company Town?)
...to Mauritius and then to the UK Privy Council (according to this earlier report). This strikes me as the leading edge of a potentially huge development, in which private actors more formally get their own pieces of turf and the lines between sovereign entities further blur. This is by no means to necessarily to celebrate the development (science fiction suggests this dystopian destination). But it does deepen the challenge to received doctrine, and it will require legal innovation to situate the new, private city-state in the world of international law....02 Apr Kosovo, South Ossetia, and Crimea: the Legal Rhetoric of Intervention, Recognition, and Annexation
...call on everyone to respect that voluntary choice,” he said, adding that his Government could not refuse Crimeans their right to self-determination. Historical justice had been vindicated, he noted, recalling that for many years, Crimea had been part of the Russian Federation, sharing a common history, culture and people. An arbitrary decision in 1954 had transferred the region to the Ukrainian Republic, upsetting the natural state of affairs and cutting Crimea off from Russia. Gone were the bright lines that Russia had said existed regarding Kosovo: that inasmuch as Serbia...20 Nov Binding on All States All of the Time
...ironies of the “realism” of political science is that all this reality does not fit their paradigm so they ignore it. This is not to say that all this belief translates into perfect compliance—plainly not. The work of improving law compliance goes on in every legal community. This is also not to say that there is no point in developing empirical methods along the lines Beth indicates. Plainly, well-conducted survey research, for example, can help us to better understand the world we live in. Empirical data can be useful, in...28 Dec Can Spider-Man Save the UN’s Image?
...to be distributed free to 1 million U.S. schoolchildren, will be set in a war-torn fictional country and feature superheroes such as Spider-Man working with U.N. agencies such as Unicef and the ‘blue hats,’ the U.N. peacekeepers.” At least we know Spidey can scale those ten stories that John Bolton wanted to lop off UN Headquarters! Full story at the FT here. Commentary at the NYTimes Opinionator here. Apparently, the story lines are still being developed. So what UN tasks would you like to see taken on by the superheroes?...19 Apr Kony 2012: Diverging Trajectories: Social Media and #InternationalLaw
...and shared online, as Louise Mallinder’s indispensable ‘Amnesty Law Database‘ demonstrates. In reaction to increased specialization within the fields of IR and IL it has become popular to talk about inter-, multi- or cross-disciplinary engagement. Creating and expanding communication lines between IR and IL is undoubtedly a critical task. But, while necessary, it isn’t sufficient. Social media has created a world where students can and want to learn just as much, if not more, about IR and IL from blogs and other social media platforms. Of course, peer-reviewed academic papers...08 Apr O’Connell’s “Who’s Afraid of International Law?” and the Koh Nomination
...5, 6, 7), by conservative students at Yale, and also by prominent officials from across party lines. A few days ago, Ted Olson defended Koh from the right-wing criticism. A letter in support of the Koh nomination that has been recently delivered to the Senate Foreign Relations Committee includes signatories such as former Republican State Department Legal Advisers John Bellinger, William Taft, and Davis Robinson as well as former Democratic Legal Advisers David Andrews, Conrad Harper, Roberts Owen and Herbert Hansell. If I had to throw in my lot with...