Search: crossing lines

...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...

...for selective curation of evidence, and, importantly, the vulnerability to weaponization and politicization of sensitive data. In this short post, I critically examine these risks and argue that the current lack of accountability structures beyond voluntary codes of conduct for private actors creates legal and ethical fault lines. As a potential solution, I propose a shift in international legal thinking: rather than relying on formal legal personality, responsibility should be based on an actor’s practical engagement in justice processes. The Politics of Evidence in International Conflicts Since these armed attacks...

...story of an astronaut named Major Tom’s journey into space and his loneliness because of the loss of communication between him and Earth. Thanks to Bowie’s soulful voice and the song’s haunting lyrics, listeners can feel the emotional loneliness of an astronaut travelling through the endless void of space. Furthermore, this song has become a cultural sign, reflecting the relationship between the marvellous imagination of humanity and the magnificent but frightening space, and the impact of the space race on society. If we moved from the world of music to...

...arrangement would be particularly useful given the part-domestic and part-international nature of any likely agreement. It would offer the opportunity of dealing with disputes related to the domestic aspects of the agreement first in a domestic setting (utilising both political and judicial dispute settlement mechanisms) before referring any unresolved matters to an international body. Such an international body could, in parallel, deal with any disputes arising from the international aspects of the agreement. Alternatively, one could consider a hybrid body, for example along the lines of the Joint Supervisory Body...

...entire country and for the region. Its outcome could determine Lebanon’s global standing, as well as the treatment of thousands of women still trapped within the Kafala system. LAW is an independent non-profit organization of lawyers and jurists working on the front lines in fragile and conflict-affected areas. It empowers individuals and communities affected by human rights violations to seek justice and strengthens institutions to deliver it. Operating in Lebanon since 2018, LAW provides legal information, assistance, and representation to vulnerable groups of all nationalities—including women and girls, migrant domestic...

...the U.S. can defend itself by blocking cyber intrusions and taking down servers in another country. And, as in cases of mortar or missile attacks, the U.S. has the right to pursue attackers across national boundaries — even if those are virtual network lines. Under the new Pentagon guidelines, it would be unacceptable to deliberately route a cyberattack through another country if that nation has not given permission — much like U.S. fighter jets need permission to fly through another nation’s airspace. Uri Friedman over at the Atlantic Wire distills...

...of bold transformation that many think is needed, given the severity of the climate problem. Moreover, the difficulties in negotiating the Bali Roadmap do not bode well for the treaty negotiations that will now commence. Despite the Bali decision, many countries (the United States foremost among them) still appear unprepared for serious negotiations – certainly, not until after the US Presidential elections next year. To make real progress, what is needed, above all, is US domestic action, along the lines of the Lieberman-Warner bill that was reported out of committee...

...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...

...paragraph no unnecessary sentences, for the same reason that a drawing should have no unnecessary lines and a machine no unnecessary parts…. Many expressions in common use violate this principle…. In especial the expression “the fact that” should be revised out of every sentence in which it occurs. So how do the top law journals perform under the microscope of William Strunk and E.B. White? In the countless hours of drafting and editing, do the top scholars and top student editors adhere to this elementary principle of composition? The results...

...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...

...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...

...access to clean washing water (far less potable water) remains a challenge. Covid-19 has exposed existing fault lines in ways that shine a light on the implications of inadequate water supplies. Atolls, Handwashing and Climate Change What has gone relatively unexamined is the impact of climate change on access to water and the additional vulnerability that countries already exposed to its effects are now facing in light of Covid-19. Any positive progressive realisation of access to water, although taking into account the particular circumstances that states might face economically, must...