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...
11 Jul The Rise of the Global Legal Order
...global economy, the formerly developing states were forced to refinance their loans. With commercial loans unavailable, they were driven into the arms of the IMF. New loans were offered, but they came with conditions beyond mere repayment. These new “loan conditionalities” demanded macroeconomic restructuring along neoliberal lines. Not coincidentally, the IMF and World Bank were each purged of their Keynesian economists over the course of the 1970s. The new conditionalities insisted that the formerly developing states reverse the policies that had brought them a brief period of actual development. The...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...
06 Sep My Adventure in AI-Assisted “Writing” and Detection
...Short of that, though, opinions seem to differ. Here is a list — courtesy of ChatGPT, of course — of academic tasks an LLM can do: Research assistance: identifying relevant topics, search terms, sources, or lines of inquiry. Source comprehension: explaining difficult concepts or summarizing sources selected by the student or scholar. Literature synthesis: comparing sources, identifying debates, or organizing the existing scholarship. Question development: refining the research question or suggesting possible hypotheses. Argument development: proposing claims, counterarguments, examples, or responses to objections. Structural planning: designing an outline and deciding...
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 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...
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,...