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Search: crossing lines

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 | |

21 Mar

...(I assume, for instance, that someone can be legally admitted as a dead person into the United States where she couldn’t have entered as a live one) Your corpse is not a person, it's a lump of meat, with a few legal protections regarding desecrating it. I don't see any reasons aside from health concerns that it should be barred from crossing country borders. Why would you deny someone's request to be buried in your country? Peter Spiro Matthew, I assume you're right, and I can't think of any reason...
21.03.07 | |

06 Feb

...citizen, or else you have to accept that there will be some military decision process. The reference to Quirin and Haupt in the Hamdi decision was only used to support detention, not execution. However, Haupt could not have been tried in a civilian court because the charge for which he was convicted, "crossing lines without uniform", is part of international military law and can only be charged in a military court. He could, however, have been tried before a Court Martial instead of a Military Commission (as any citizen today...
06.02.10 | |

09 Apr

...a rubber raft, you can kill him. If you see a scout behind your lines, you can shoot at him. Nobody calls these lone encounters a "battle" and nobody remembers them except the individuals involved. A war involves the entire territory of both countries and all international waters. When the US went to war with Afghanistan, international law does not distinguish between Kandahar and Chicago. We may have the military power to send planes and troops to fight in Kandahar, while the enemy may not have the power to send...
09.04.10 | |

20 May

...under IHL would cease to be so merely by the fact of crossing into a neutral third country. The threat that the individual poses would not diminish whatsoever—the only change would be to his/her physical location. This feels like an unnecessarily rigid positivist interpretation of the law. John C. Dehn Jonathan, thanks for responding. I completely agree that resort to IHL and jus ad bellum alone doesn't account for everything in situations where the host state consents to force against a nonstate actor within its borders but with which it...
20.05.13 | |

09 Jun

Ellis Telford Naive question time: Alston refers more than once to international law that requires "transparency and accountability." What and where exactly is this international law? Bryan J. Unrelated, but the Border Patrol shooting of the 15 year old Mexican at the Ciudad Juarez/El Paso crossing seems like an issue ripe for some international law analysis. For example, the evidence thus far shows that the border patrol officer shot the boy when the latter was in Mexican territory. Who gets jurisdiction over the officer, if indeed it is determined to...
09.06.10 | |

17 Jul

Diplomatic Gunboat Imagine if Governors Sarah Palin (born in Idaho but Gov. of Alaska) and Bill Richardson (N.M.) got the respective VP nods. Adding that to the Canal Zone versus Hawaii contest, one could argue that the one most anchored to the Lower 48 was Gov. Richardson, whose own border-crossing birth made him a natural born citizen. It does illustrate some of these different ideas we hold about citizenship and identity....
17.07.08 | |

15 May

Diplomatic Gunboat It is important to expose Trojan horse justifications. A declared policy of 'regime change' is straddling, if not outside, the bounds of international law and the UN Charter. With such a policy a state threatens that it will act on any stretched legal justification it can in order to accomplish its true and aggressive goal of toppling a foreign power. There are plenty of ways to urge policy and legal changes on a foreign government in very strong terms without crossing the line. Unfortunately, despite the lessons of...
15.05.08 | |

27 Feb

...be the case that waterboarding done in controlled conditions without the risk of imminent death - and without crossing the threshold into severe pain - falls short of torture. To deny the existence of such a spectrum is silly. Accordingly, such a practice as applied could conceivably skirt the borderline - something you absolutists are at pains (lol!) to deny! Surely the nuances aren't too subtle for the enfevered minds of the law professors . . . Diodotus Nonsense on stilts. 18 USC 2340 Is that a counterargument? You failed....
27.02.08 | |

29 Nov

...and Ken, yes, you've both anticipated more! I've been in London all week and away from the CTlab blog, so haven't yet posted a notice. The Feral Cities and SWOW talk was excellent, crossing boundaries of all sorts by bringing together academe and the blogosphere in a real world event, and putting together an architectural thinker with an IR specialist. The event was A/V captured, and streaming video will be available within the week. And, as Ken pointed out, we're hosting a symposium on SWOW from 5-8. Chris, if you're...
29.11.08 | |

12 Mar

Jeremy Gans I realise that word limits can be a challenge. But I simply cannot understand how anyone's summary of a humanitarian issue, no matter how short, can simply not mention that over 1000 refugees have drowned trying to reach Australia since 2000, including around 500 in the last three years. Paul Power Your point is well made, Jeremy. Monash University’s Border Crossing Observatory does excellent work in monitoring deaths at sea and in detention among people attempting to get protection in Australia. Many other deaths in Asia, such as...
12.03.14 | |

26 Jul

...Egypt), from the sea and from the air. Israel, thus, remained in full control of the lifelines of the Gaza Strip. It is submitted that this is at least equivalent to a de facto control which, according to Art. 42 of the Hague Regulations, is constitutive for an occupation. If this argument is accepted, the cut of electricity and water supply would be a violation of Israel’s duty to provide for the welfare of the population. Second, like the group of experts, Bothe believes that Israel does not have to...
26.07.14 | |