Search: crossing lines
15 Mar Polish-Lithuanian-Belarusian Border Crisis and Ius ad Bellum Part II
...the plane to Belarus with the intention of reaching the EU, it is not simple to say if they ultimately agreed that: 1) the crossing was going to be illegal and 2) the crossing might be forced. This is even more difficult to accept when one assesses that the migrants might be victims of state-sponsored criminal acts like smuggling and human trafficking. Migrants who want to leave the frontier have been subjected to abuse. On a factual basis, it cannot be denied that among migrants there might be undercover agents...05 Nov The OTP Concludes Israel Is Still Occupying Gaza
...occupying power felt.”" This is a reference to paragraph 217 of Naletilic, in which the Court provides some guidelines which "provide some assistance." It is useful to go through the guidelines here, and apply it to Gaza: 1. the occupying power must be in a position to substitute its own authority for that of the occupied authorities, which must have been rendered incapable of functioning publicly Does this apply to Gaza? No. Hamas functions very publicly as the governing administration. This guideline corresponds to the following in the Hostages Trial:...
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...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...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...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...
23 Dec Symposium on Classism and the International Legal Profession: Three Tactics against Classism in the Epistemic Community of International Law
...and critique of international law and lawyers cannot remain blind to the inherent limitations of each scheme taken in isolation from the general critical corpus. For example, such concepts as Third World, Global South, gender, race, etc., are all arrows of a greater critical quiver that seeks to uncover the trajectories of subjugation, domination, oppression, and exclusion that the prevailing narratives of international law and international lawyers have promoted, defended, facilitated, and consolidated from the discipline’s founding until our days. Without losing sight of the nuances of each exegesis, we...
30 Oct Third Annual Symposium on Pop Culture and International Law: Three Tales of Omelas – Utopia, Harm and International Law
...Mathias Thaler in his recent book, No Other Planet (2022), calls these flaws “fault-lines”. For Thaler, these fault-lines are an essential part of the utopian method. They force the reader to reflect, and probe the utopian project they are being presented with. Such faults and cracks are a common feature of critical utopias as they prompt interrogation of what is meant by utopia, highlight the contingency of the present in the fictional narrative, and open up future potentialities. Utopianism, then, is not just about some utopian destination or place, it...06 Nov Bodansky: Update from Barcelona Climate Change Negotiations
...mechanisms (possibly including new rules for the CDM and for land-use change), and capacity-building. Given the current state of the negotiations (which remain bogged down), an outcome along these lines remains a very ambitious objective for Copenhagen, even if it is reflected “only” in COP decisions rather than in a new legal agreement. How much does the legal status of the Copenhagen outcome matter? For years, academics have been debating the merits of “soft” vs. “hard” law. Now, this issue has moved front and center in the climate negotiations. Coming...