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Search: crossing lines

02 Apr

...call on everyone to respect that voluntary choice,” he said, adding that his Government could not refuse Crimeans their right to self-determination. Historical justice had been vindicated, he noted, recalling that for many years, Crimea had been part of the Russian Federation, sharing a common history, culture and people. An arbitrary decision in 1954 had transferred the region to the Ukrainian Republic, upsetting the natural state of affairs and cutting Crimea off from Russia. Gone were the bright lines that Russia had said existed regarding Kosovo: that inasmuch as Serbia...
02.04.14 | |

11 Sep

...law, many coming from people who would consider themselves "international lawyers". I would suggest that one reason human rights and/or international human rights law "appear unchallenged" is due to the marginalization of such criticisms by international lawyers and their exclusion from the invisible college. The concept of "human rights" (as opposed to international human rights law) is seen as not the province of international law but of other disciplines such as philosophy or IR which are placed outside the invisible college's walls. As for criticisms of international human rights law,...
11.09.13 | |

14 Jan

...be remarkable. It seems that there were meetings in the last days of July brokered by Mubarak that were possibly a way to resolve this. Something must have gone wrong - possibly seriously wrong - in those meetings leading to an interpretation by Saddam as his having to "put up or shut up" by crossing the border into Kuwait. Best, Ben Liz Always thought the text of the April Glaspie exchange was interesting. Available (well before Wikileaks) here: http://www.chss.montclair.edu/english/furr/glaspie.html The Nation left out the most interesting bit about China. That...
14.01.11 | |

10 Apr

Socrates While the US-India deal does not violate any written portion of the Nuclear Non-Proliferation Treaty, it certainly undercuts the treaty. The compromise at the heart of the NTP is that countries which renounce any right to build nuclear weapons are allowed civilian nuclear technology that they would not otherwise have access to. For this reason, the international community attempts to prevent the sale of nuclear material to non-NTP states. The export of nuclear material is constrained by the guidelines of the Nuclear Suppliers Group and by US law. What...
10.04.06 | |

24 Jul

...prohibition should be taken quite seriously. Certainly not that Kansas was alone crossing the line, though it illustrated some of the reasons for the prohibition. Gov. Sebelius seems to have pushed further than some others, but none of these agreements should be allowed without the approval of Congress, per Article 1 Section 10. As for FARA, it has been getting some more attention lately, including the AIPAC cases, the Chi Mak and related cases (in which Bill Gertz has refused under subpoena to reveal his grand jury sources), and Stephen...
24.07.08 | |

01 Jun

...focused on. The law on use of force draws some sharp lines between being subject to armed attack and virtually everything else. Do indices like this suggest that we should stop treating armed attack, and the possible use of force in response thereto, as being so singular? Kevin Heller My thanks to Ed and Patrick. As for "NewStream Dream" -- you might want to re-read the description of the blog. Last I checked it said that Opinio Juris is "[a] weblog dedicated to reports, commentary, and debate on current developments...
01.06.07 | |

07 Aug

...any actual enemies charged with providing support to the enemy in violation of the laws of war (that didn't involve personally committing acts of violence)? The Quirin saboteurs' crime was crossing our lines of defense in disguise, etc. (There were lots of cases like that during the Civil War, too, I think.) Was Hamdan accused of anything like that? John C. Dehn Jennifer, I think you made the point very well that the marauders, pirates and the like are not objects of IHL as Bart suggests. They violate the universal...
07.08.08 | |

07 Jun

...is a crucial difference between a reasonable legal argument, and an argument which is merely arguable, in the sense that language or precedent can be twisted beyond any recognition. Let me just give you an example - the OLC/John Yoo conclusion that Afghanistan was a 'failed state' and therefore ceased to exist as a subject of international law, thereby obviating any treaty obligations the US might have. This argument is so totally and obviously wrong that any lawyer making it is crossing the basic bounds of professional ethics. It is...
07.06.07 | |

04 Jun

...israel would also have the power to inspect any ships crossing into gaza's territorial waters. that itself wouldn't constitute a 'blockade', as israel would be the de facto authority over gaza's land, sea, ports, crossings and civilian population in that case. israel can't rightfully blockade itself. if israel isn't an occupier (as israel claims), then either one of two things is going on: 1) israel is asserting it's security presence within gaza's territorial waters according to the gaza-jericho agreement in which case israel's navy also has the right to stop...
04.06.10 | |

21 Oct

...is of sufficiently high value. Kevin Jon Heller With regard to Kunduz, I think there is no question that the attack would have been disproportionate even if unwounded Taliban were there. Richard Galber To expand the rules regarding the attacking hospitals risks the potential of creating even greater risk of using hospitals for combat purposes. The main deterrent to attacking hospitals is not via legislation and/or treaties, but by international public opinion. Countries are terrified of losing any international support they may have, so are wary of crossing certain lines....
21.10.16 | |

14 Nov

...residents at the time the crime was committed. Then again, since so many American criminals flee to Canada, maybe this will serve to make a few people think twice before crossing the border. Nick Donovan It's time to start thinking about shared funding models for extra-territorial jurisdiction investigation and trials. Crimes against humanity are deemed to be NOT crimes that are committed in a particular state. Yet the costs fall solely upon the state on whose shores the suspect happens to wash up. This gives prosecution and international crimes some...
14.11.09 | |

11 Aug

...I think we would need multiple attacks to conclude that MH17 was just the byproduct of a policy of firing at everything that flew. Alex Whiting Kevin, I see this as possibly fitting under your (2). It might have been the desire of the perpetrators to shoot down military aircraft, but if they then proceeded to shoot at airplanes without regard for the nature of the target, then we have a war crime. In Galić, the Trial Chamber considered evidence that after the SRK discovered that ABiH soldiers were crossing...
11.08.14 | |