Search: crossing lines
01 Aug When Does the Combatant’s Privilege Apply?
...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...
03 Apr Symposium on Military AI and the Law of Armed Conflict: Navigating the Governance of Dual-Use Artificial Intelligence Technologies in Times of Geopolitical Rivalries
...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...11 Apr VJIL Symposium: Robert Howse Comments on “Interpretation and Institutional Choice at the WTO”
...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...10 Oct How to Get Quirin Right When Quirin Was Wrong
...on are all military offenses that have no analogous "crime" in either domestic or international law. There is no actual charge of spying. The offense in Quirin was "passing through lines of defense without uniform". This has nothing to do with spying, or the civilian crime of espionage. It also has a special rule, because if the enemy solider passes back through your lines and rejoins his army then the offense is cancelled out and he can never be charged with it. There is no comparable "home free" rule that...
02 May Soldier Self-Defense Symposium: The View from the Ground – Emerging State Practice on Individual and Unit Self-Defense
...that questions about self-defense are even being raised at this point is because practice has far outpaced the law. Thus, to complement the other contributors’ outlines of state positions, I am going to focus on the state of practice surrounding self-defense. For this I will rely on a series of studies I conducted examining how individual and unit self-defense have been used by different NATO countries in Afghanistan, Iraq, and in other undeclared conflict zones. In addition to background legal research, I interviewed some 78 military lawyers, commanders, and other...06 Nov Bodansky: Update from Barcelona Climate Change Negotiations
...mechanisms (possibly including new rules for the CDM and for land-use change), and capacity-building. Given the current state of the negotiations (which remain bogged down), an outcome along these lines remains a very ambitious objective for Copenhagen, even if it is reflected “only” in COP decisions rather than in a new legal agreement. How much does the legal status of the Copenhagen outcome matter? For years, academics have been debating the merits of “soft” vs. “hard” law. Now, this issue has moved front and center in the climate negotiations. Coming...
30 Oct Third Annual Symposium on Pop Culture and International Law: Three Tales of Omelas – Utopia, Harm and International Law
...Mathias Thaler in his recent book, No Other Planet (2022), calls these flaws “fault-lines”. For Thaler, these fault-lines are an essential part of the utopian method. They force the reader to reflect, and probe the utopian project they are being presented with. Such faults and cracks are a common feature of critical utopias as they prompt interrogation of what is meant by utopia, highlight the contingency of the present in the fictional narrative, and open up future potentialities. Utopianism, then, is not just about some utopian destination or place, it...