Search: crossing lines

[David Matyas is a PhD Candidate and Gates Cambridge Scholar at the University of Cambridge, Lauterpacht Centre for International Law whose research focuses on the laws of humanitarian assistance. Before turning to law, he worked as an aid worker focusing on disaster risk, with placements in Niger and Senegal.] Each year, as the holidays roll around in winter and summer, I’m reminded of a few lines by US Supreme Court Associate Justice Louis D. Brandeis to a young lawyer at his firm. He writes, “The bow must be strung and...

...public quality to practical knowledge as we use it to progress defined social purposes: information transmission, problem-solving, career progression, innovation, and future-building figure high in our priorities. It also possesses a private character as we employ it to improve professional practice and industrial activities in service of individual and corporate interests. Despite the purported division between universities and the real world, researchers produce knowledge destined for assembly lines and boardrooms as well. Most influential of all the forms is knowledge as identity. The knowledge we internalise is intimate, comparable to...

...rendition of figure 3. It illustrates the extent to which meaning produced in testimony can be altered through ignoring its wider interactional context: Once the Judge obtains the answer that later reappears as part of ‘the pattern’ (lines 12-14), he returns the floor to the defence counsel. The latter in turn invites the witness to recontextualize his previous answers, by asking two targeted questions about the time frame of his belief (lines 17-18 and 20-21). In the answer (only partially reproduced here), the witness responds with a biographical account that...

...rules-based, accountable warfare. It is an early example of the very erosion of norms that many civil society groups, legal scholars, and human rights experts warned would follow from an overly elastic interpretation of both domestic and international law. The lesson here is not that the Obama and Trump administrations are identical. Let me be clear: they are not. But it is essential to acknowledge that once legal lines are blurred, future administrations, especially those less committed to being governed by the rule of law, will simply drive straight through...

...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...

...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...

...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...

...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...

[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...

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,...

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...

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...