Search: crossing lines
01 Nov Conversation on WAR
...peace-keeping commander saying there was too much confusion about what it meant to move from peace-keeping to war fighting. He calls it ‘crossing the Mogadishu line’ and claimed that crossing that line was to the detriment of the peacekeepers and the people of Somalia. So talking about war or war fighting can be a signifier: moving from engaging in the use of force for a certain limited end i.e. to deliver food in Somalia or protect civilians, to something where your limited mission is seemingly put aside and you put...23 Sep Book Symposium: Cyber War – A Duty to Hack and the Boundaries of Analogical Reasoning
...(including the potential for it to incentivize greater military cyber surveillance to solidify the reliability of various cyber capabilities). In doing this analysis, however, I was struck by the larger challenges of using analogies to carve out the existing lines of IHL in cyberspace (not to mention the contours of any new lines that I propose). As a result, I ended up framing my chapter around a larger, introductory analysis of the role of boundaries in legal discourse over cyberspace. Readers may be familiar with debates over whether cyberspace is...12 May Guest Post: Strong Words, Weak Arguments – A Response to the Open Letter to the UN on Humanitarian Access to Syria (Part 1)
...IHL. International Humanitarian Law The letter frames its claims on the following argument: “International humanitarian law is unequivocal that where a civilian population is in need of life-saving aid, impartial humanitarian action ‘shall be undertaken’. In order to protect the sovereignty and territorial integrity of states, international law requires impartial humanitarian actors to seek the consent of the parties concerned. In February 2014, the UN Security Council unanimously adopted Resolution 2139 demanding that all parties, in particular the Syrian authorities, allow rapid, safe and unhindered humanitarian access across conflict lines...01 Aug When Does the Combatant’s Privilege Apply?
...and (3)). Please see the Yale J. Int'l L. article and our Int'l Crim. Law casebook, chpt. on the laws of war, re: Quirin. Howard Gilbert The Qurin offense is passing through lines without uniform. That is, the Qurin defendents took off their uniforms and in civilian clothes pretending to be civilians they passed through US lines of defense and moved around in our unprotected rear areas. This is an offense against the laws of war that renders them unlawful belligerents and strips them of their combatant immunity. Such people...
06 Mar Somewhere in Advance of Nowhere: The Epistemic Turn in Doctoral Education
...public quality to practical knowledge as we use it to progress defined social purposes: information transmission, problem-solving, career progression, innovation, and future-building figure high in our priorities. It also possesses a private character as we employ it to improve professional practice and industrial activities in service of individual and corporate interests. Despite the purported division between universities and the real world, researchers produce knowledge destined for assembly lines and boardrooms as well. Most influential of all the forms is knowledge as identity. The knowledge we internalise is intimate, comparable to...
15 Feb Spirituality and Duress: Local Culture Beliefs at the International Criminal Court
...rendition of figure 3. It illustrates the extent to which meaning produced in testimony can be altered through ignoring its wider interactional context: Once the Judge obtains the answer that later reappears as part of ‘the pattern’ (lines 12-14), he returns the floor to the defence counsel. The latter in turn invites the witness to recontextualize his previous answers, by asking two targeted questions about the time frame of his belief (lines 17-18 and 20-21). In the answer (only partially reproduced here), the witness responds with a biographical account that...
03 Oct Trump vs. International Law: Reflections on the “Scorecard,” Transnational Legal Process and the Paris Agreement
...give one example, the normative idea of transnational legal process would suggest that the travel ban should have been litigated as an international human rights issue. In practice, however, the litigation had to be rooted in the Establishment Clause and administrative law arguments to prevail in the lower courts (and even these arguments, dismayingly, did not win a majority of the Supreme Court). Professor Koh gives a good description of this litigation, but he does not address the tension between his transnational legal process frame and the lines on which...
03 Apr Symposium on Military AI and the Law of Armed Conflict: Navigating the Governance of Dual-Use Artificial Intelligence Technologies in Times of Geopolitical Rivalries
...extensive lines of code involved, rendering it challenging for enforcement agencies to assess. Unlike conventional technologies where physical characteristics can be examined, AI systems often consist of intricate algorithms with millions of lines of code, making it daunting to verify their functionalities, especially when those functionalities could have both benign and harmful applications. In addition to the monitoring and verification challenges, AI is increasingly provided as a service rather than a standalone product, complicating export controls and oversight of its use across multiple countries. With the rise of cloud computing...11 Apr VJIL Symposium: Robert Howse Comments on “Interpretation and Institutional Choice at the WTO”
...the legitimacy of the judiciary, since “bright lines” can often appear to favor systematically one value or one constituency over another in an area of normative contestation (the authors discuss the now clearly rejected (Shrimp/Turtle) “bright line” that the unadopted Tuna/Dolphin panels invented on PPMs, which systematically excluded a whole range of activist environmental strategies from consistency with WTO law): here we should consider Cass Sunstein’s thinking about “one case at a time.” Where the AB has strayed from this strategy and tried to draw brighter lines, it has usually...25 Feb Drones as Strategic Airpower and the Light Cavalry?
...with sophisticated surveillance gear but also missiles, act as the lightest of light cavalry. They probe, surveil, and engage in pinprick attacks, behind enemy lines, far beyond one’s own lines. When the CIA engages in targeted killing against some Al Qaeda operative in Somalia, from a strategic perspective, it is a combat raiding strategy by very light cavalry indeed. But it is so far beyond one’s own lines, as it were, that from a legal standpoint, I would place it beyond the legal “armed conflict” altogether and treat this combat...