Search: crossing lines
16 Mar Lubanga Decision Roundtable: More on Co-Perpetration
...liability in that context is more obvious: co-perpetration requires an agreement to commit a crime — a common plan — whereas modes of participation such as instigation, aiding and abetting, and contributing to a group crime do not. In light of that fundamental difference, it would in no way blur the lines between principal and accomplice liability to adopt the same contribution requirement for both. My view, it should be noted, assumes that Article 25(3)(d) is limited to contributions to a group crime that are made by individuals who are...08 Apr O’Connell’s “Who’s Afraid of International Law?” and the Koh Nomination
...5, 6, 7), by conservative students at Yale, and also by prominent officials from across party lines. A few days ago, Ted Olson defended Koh from the right-wing criticism. A letter in support of the Koh nomination that has been recently delivered to the Senate Foreign Relations Committee includes signatories such as former Republican State Department Legal Advisers John Bellinger, William Taft, and Davis Robinson as well as former Democratic Legal Advisers David Andrews, Conrad Harper, Roberts Owen and Herbert Hansell. If I had to throw in my lot with...
18 Nov Fighting over the Spoils of the “Holy Land”: Attachment to Land as a Basis for the Rights of Ethnic Minorities?
...under Article 27 as forming part of enjoying one’s own culture, particularly for indigenous peoples and it has addressed several indigenous land claims under the norm. Still, as Kymlicka submits, “[c]onflicts involving ethno-national groups such as the Kurds, Kashmiris, and Palestinians pose a much greater threat to regional peace and security than the struggles of pastoralists or forest dwellers, yet […] the UN has no guidelines for addressing the[m]” (p. 390). Given the content of Article 27 ICCPR and the above-mentioned developments regarding (collective) land rights, the interplay of land...04 Nov A Response to Mark Drumbl
...to compromise has opened, moreover, there is no obvious stopping point. There may be situations where the best case scenario falls short of even Mark’s relatively deferential standards. For example, deference to a dictator’s imposition of blanket amnesty paired with some minimal truth-telling process might be necessary to prevent imminent atrocities, even though the arrangement might fail some of Mark’s preferred criteria, such as those pertaining to good faith and democratic legitimacy. Should the specific guidelines still constrain in that circumstance, or should the Court revert to a general choice-of-evils...27 Dec Sundays with Stendhal 10: On Epigrams
The Baron could not produce epigrams; he required at least four sentences of six lines each to be brilliant. (The Red and the Black, part II, chapter 34, “The Hotel de La Mole.” Sometimes, alas, I fear this is me.)...
03 Nov Third Annual Symposium on Pop Culture and International Law: Subverting Otherness Against Oppression – Decolonizing International Legal Scholarship Through the Music of Bob Marley and the TWAILers
...educational and religious systems of Western civilization, the ideological pillars of the imperialist colonial order: Building church and university Deceiving the people continually This part calls for epistemological independence, in terms similar to the famous lines from ‘Redemption song’: Emancipate yourself from mental slavery None but ourselves can free our minds ‘Ambush in the Night’ continues the argument against the status quo of colonial and imperialist domination. The song shows Marley’s skepticism and distrust not only of his friends, but of Babylon’s operations in general (political theories, ideologies, educational or...
03 Feb The Appeals Chamber Invents Conditional Post-Acquittal Release
...integrity of its process.” The drafters have already made that value judgment, concluding that the integrity of post-acquittal release requires the acquitted person to be released unconditionally unless exceptional circumstances justify keeping him in detention. That is a perfectly sound position: although an accused person has rights throughout the criminal process, those rights are at their absolute highest following acquittal. At that point in the process, it makes complete sense to structure release along the binary lines contemplated by Art. 81(3)(c). It is problematic enough that the AC decided to...18 Oct US Delegation to Dubai Internet Negotiations To Be Larded With (Dominated By?) Industry Reps
...be talkshop, in which included non-state representatives get the extra status that comes with inclusion on an official delegation and some access to state representatives. That would be a bump for lesser known entities like “dotGay LLC” (also on the delegation). But the real dealmaking remains an exclusively intergovernmental undertaking. The other would be along the lines of corporate sponsorship of Olympic competitors. That would be much more robust kind of involvement – the state provides the nameplate but nonstate actors are more like partners than hangers-on. Ultimately it may...