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Search: crossing lines

23 Dec

...and critique of international law and lawyers cannot remain blind to the inherent limitations of each scheme taken in isolation from the general critical corpus. For example, such concepts as Third World, Global South, gender, race, etc., are all arrows of a greater critical quiver that seeks to uncover the trajectories of subjugation, domination, oppression, and exclusion that the prevailing narratives of international law and international lawyers have promoted, defended, facilitated, and consolidated from the discipline’s founding until our days. Without losing sight of the nuances of each exegesis, we...
23.12.22 | |

01 Aug

...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...
01.08.14 | |

25 Feb

...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...
25.02.10 | |

03 Apr

...extensive lines of code involved, rendering it challenging for enforcement agencies to assess. Unlike conventional technologies where physical characteristics can be examined, AI systems often consist of intricate algorithms with millions of lines of code, making it daunting to verify their functionalities, especially when those functionalities could have both benign and harmful applications.  In addition to the monitoring and verification challenges, AI is increasingly provided as a service rather than a standalone product, complicating export controls and oversight of its use across multiple countries. With the rise of cloud computing...
03.04.24 | and |

11 Apr

...the legitimacy of the judiciary, since “bright lines” can often appear to favor systematically one value or one constituency over another in an area of normative contestation (the authors discuss the now clearly rejected (Shrimp/Turtle) “bright line” that the unadopted Tuna/Dolphin panels invented on PPMs, which systematically excluded a whole range of activist environmental strategies from consistency with WTO law): here we should consider Cass Sunstein’s thinking about “one case at a time.” Where the AB has strayed from this strategy and tried to draw brighter lines, it has usually...
11.04.12 | |

21 May

[Dr Rick Lines is Executive Director of Harm Reduction International, and a Visiting Fellow at the Human Rights Centre, University of Essex. Damon Barrett is the Director of the International Centre on Human Rights and Drug Policy at the Human Rights Centre, University of Essex and a doctoral candidate in the Department of Law, Stockholm University. Patrick Gallahue is the Communications Director at the ACLU-Connecticut, and former Coordinator of the Death Penalty Project at Harm Reduction International . He is a doctoral candidate in the Human Rights Centre , University...
21.05.15 | |

04 Jun

...prohibited use of force in cyberspace under the jus ad bellum or where the lines are for an attack under the jus in bello. The Tallinn Manual is the paradigmatic example of this (often quite good) work. More recently, States and scholars have moved on to cyber operations below these lines, with attention shifting in Tallinn and elsewhere to which cyber operations may generate counter-measures and defining when cyber operations violate the duty of non-intervention. Such efforts have (so far) had relatively little to say on the question of a...
04.06.15 | |

31 Jan

Well, sort of. Yoo and co-author Robert Delahunty have a provocative piece in the latest edition of the National Interest (“Lines in the Sand,” not available on-line, but you can get it on Lexis) in which they argue against the primacy of the nation-state, or at least the primacy of existing nation-states. The cash-out here, of course, is splitting up Iraq. I don’t know enough about the context there to buy in or out, but it’s clear that in some situations (Somaliland probably now the best example) redrawing borders makes...
31.01.07 | |

29 Apr

For a while there, it looked as if there might be a real fight over Harold Koh’s nomination as State Department Legal Adviser. The Republicans have been casting about for a nomination that they could defeat on some issue of principle (that is, over something not involving a nominee’s tax returns), along the lines of Lani Guinier’s failed nomination to the Clinton Justice Department. It might also be useful for them to pick up a rallying call. Anti-internationalism has looked pretty promising. As fringe elements started taking shots at Koh,...
29.04.09 | |

03 Jan

humblelawstudent Let's clarify a few things. First, let's look at this statement of yours: "I do not know enough to conclude that Israel’s attacks are criminal." Not to nit-pick, but don’t you mean something along the lines of “whether a particular attack is criminal”? Second, you said, “Intentionally directing attacks against buildings dedicated to religion, education, art, or science is a war crime.” But, if such buildings are used by belligerents to create or store weaponry, then those “protected placed” become legitimate targets. See for example the allegations regarding Gaza...
03.01.09 | |

01 May

...is easy to see why his 1970 reasoning resonates throughout the Bush Administration's 2002 and 2003 memorandums. Just as Bybee finds that torture isn't torture, Rehnquist argued that the invasion of Cambodia wasn't really an invasion: "By crossing the Cambodian border to attack sanctuaries used by the enemy, the United States has in no sense gone to war with Cambodia." The Bybee memo offers officials accused of torture the "necessity" defense; in 1970, Rehnquist argued that pursuing Vietcong troops into previously neutral territory was "necessary to assure [American troops'] safety...
01.05.08 | |

28 Feb

...of moral development. Depending on the access and ability to manipulate the levers of power, a state can allow itself to be bound by such obligations for a mix of reasons that may be associated with one some or all of the moral stages as articulated through the interactions of humans in that state. Just some thoughts. Best, Ben Harlan G. Cohen Roger, I think I've been thinking along similar lines to you about Andrew Guzman's theory. I too have been concerned that his rational choice theory may not tell...
28.02.08 | |