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:...

...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...

...– 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...

...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...

...(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...

...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...

...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...

[David Matyas is a PhD Candidate and Gates Cambridge Scholar at the University of Cambridge, Lauterpacht Centre for International Law whose research focuses on the laws of humanitarian assistance. Before turning to law, he worked as an aid worker focusing on disaster risk, with placements in Niger and Senegal.] Each year, as the holidays roll around in winter and summer, I’m reminded of a few lines by US Supreme Court Associate Justice Louis D. Brandeis to a young lawyer at his firm. He writes, “The bow must be strung and...

...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...

...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...

...on are all military offenses that have no analogous "crime" in either domestic or international law. There is no actual charge of spying. The offense in Quirin was "passing through lines of defense without uniform". This has nothing to do with spying, or the civilian crime of espionage. It also has a special rule, because if the enemy solider passes back through your lines and rejoins his army then the offense is cancelled out and he can never be charged with it. There is no comparable "home free" rule that...