Search: crossing lines

...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:...

...– a cargo terminal closed for security after Hamas’s 2007 takeover, Erez (north) – the only pedestrian crossing, and Rafah (south) – the sole major crossing point into Egypt, currently controlled by Egypt and Hamas. After disengagement, Israel and the PA signed the Agreement on Movement and Access (“AMA”) – giving the Palestinians and Egypt control over Rafah and allowing increased traffic through the Erez and Karni crossings – and the Agreed Principles for Rafah Crossing (“APRC”), which elaborates on the AMA. The APRC required a third party to monitor...

...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...

...illegal crossing before – subject to full documentation and security and eligibility checks.’ As the Agreement entered into force, Channel crossings in small boats by persons seeking to claim international protection in the United Kingdom were continuing at a high level- official figures released on 11 August 2025 confirmed that more than 50,000 people had made the journey since July 2024, up from some 36,000 in the preceding twelve months.  It continues to be dangerous and in some cases lethal-at least 20 people are recorded as having died in connection...

...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...

...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...

...(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...

...to independently direct autonomous weapons in any case where law, regulation, or Department policy requires human control” leaves room for flexible and open interpretations of these “red lines”. . While Anthropic were clearer and firmer in their stance, OpenAI seem to be taking a more strategic stance; publicly posturing themselves as upholding safety, legal and ethical “red lines” while ensuring there is opportunity to exploit the military “gray zones” the DoD claim they cannot avoid. The fact that OpenAI suggests it was able to secure the guardrails that Anthropic was...

...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...

...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...

...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...

...rules-based, accountable warfare. It is an early example of the very erosion of norms that many civil society groups, legal scholars, and human rights experts warned would follow from an overly elastic interpretation of both domestic and international law. The lesson here is not that the Obama and Trump administrations are identical. Let me be clear: they are not. But it is essential to acknowledge that once legal lines are blurred, future administrations, especially those less committed to being governed by the rule of law, will simply drive straight through...