Search: crossing lines

...without infringing upon powers reserved to other branches, or by infringing no more than is permissible under the circumstances. (Enter the uncertainty of a our Constitution, the broad outlines of which were understood to require time to liquidate their meaning.) Moreover, objective advice is not necessarily the same as advocacy. What I advise my client in private is not necessarily the same as what I might ethically argue on my client's behalf in court. So I am curious whether Koh's public statements might be in part explained by the idea...

...along these lines: if the members of the UN can give precedence to the Charter, then that is part and parcel of international law. Respecting international law, you would then have to respect Article 103, and its derogating effect on conflicting treaty obligations, as well. But, of course, that is where your second point comes in, namely to show that the members of the could not give precedence to the Charter over obligations owed to non-members. I would argue that they could, in effect, have done that, though not without...

...any others who are legally classified as combatants. These are typically the unlawful combatants (or "unlawful belligerents" before 1949). In the Quirin case, the Supreme Court applies the term to "enemies of the United States and acting for ... the German Reich, a belligerent enemy nation, [who] secretly and covertly passed, in civilian dress, contrary to the law of war, through the military and naval lines and defenses of the United States ... and went behind such lines, contrary to the law of war, in civilian dress ... for the...

...the armistice agreement in its brief analysis of the status of the territory in the 2004 advisory opinion on the Legal Consequences of the Construction of the Wall. The Declaration On Principles Of International Law Friendly Relations And Co-Operation Among States In Accordance With The Charter Of The United Nations stipulates that "Every State likewise has the duty to refrain from the threat or use of force to violate international lines of demarcation, such as armistice lines, established by or pursuant to an international agreement to which it is a...

...of Venezuelans during the COVID-19 pandemic. Although there is no official data, Colombian authorities have estimated that at least 36,000 people have returned to Venezuela using the main crossing point between Colombia and Venezuela since mid-March. In fact, the Colombian government reported that over 600 Venezuelans left Colombia in just one day in April 2020. In the context of a failing healthcare system in Venezuela, on the face of it, this requires explanation. The inadequacy of measures to protect the Economic, Social and Cultural Rights (ESCR) of Venezuelan migrants, asylum...

...host states, and one by Kristen with an update on the UN’s response to the complaint by Haiti Cholera victims. Kevin marvelled again at the broad jurisdiction of the ICC, at least in Crossing Lines . He was also critical about an op-ed by Ken Roth on the specific direction requirement, which he said conflated different modes of participation. Our bloggers have also been busy outside the blog: you can read more about Ken’s views on the UN in David Bosco’s interview with him and Brett Schaefer, and about Chris’...

...decades. Unauthorized border crossing into the European Union has reached its highest levels since record-keeping began in 2008, and the majority of these migrants arrive by sea. Approximately 17,000 unauthorized boat migrants arrived in Australia in 2012, a staggering increase from previous years. Migrant interdiction and migration by sea also triggers its own escalating dynamic. The highly visible tragedies that often result from these dangerous voyages and the bad publicity they spawn spur more intensive policing operations, which, paradoxically, lead to greater risk-taking by those migrants attempting to penetrate intensified...

...killed over one hundred Palestinians desperately seeking food. At this point, Israel’s English-language spokesperson, Eylon Levy, began a campaign to argue that Israel was not blocking food from entering Gaza. “The idea that Israel ‘isn’t letting aid in’ is simply a lie”, he tweeted. On March 7th, Levy got into a Twitter fight with British MP, Alicia Kearns, Chair of the British Parliament’s Foreign Affairs Committee, where he argued that the Kerem Shalom Crossing was closed on Saturdays “at the request of the UN”. Something Kearns denied, citing information provided...

...7(1)(d) encompassed two distinct crimes, deportation and forcible transfer, with the former involving a victim crossing an international border. The Chamber acknowledged that the crime of deportation implies that “the conduct related to this crime necessarily takes place on the territories of at least two States”. Consequently, the Court can exercise jurisdiction over the crime of deportation when it is initiated in a non-State Party and completed upon the forcible transfer of victims to a State Party. Following this, on 4 July 2019, the OTP submitted a request to open...

...cactuses, to the birds that eat them, right up to the large predators like the jaguars,” said William Radke, the manager of the San Bernardino National Wildlife Refuge, east of Douglas, Arizona. Radke said the fence would prevent snakes and turtles, as well as wild turkeys and road runners from crossing. In addition, the bright lights at the top of the tall fence would interfere with birds’ ability to navigate by the stars. “A lot of migratory birds actually migrate at night, using stellar navigation and the moon to navigate....

...Sunday, while in Syria the government said the Islamists had killed hundreds of people since capturing the town of Palmyra. Saudi forces and Yemen’s Houthi militia traded heavy artillery fire which destroyed part of the main border crossing between the two countries overnight, residents said on Sunday, an escalation of the two-month war. Hezbollah is fighting across all of Syria alongside the army of President Bashar al-Assad and is willing to increase its presence there when needed, the leader of the Lebanese Shi’ite movement said on Sunday. Asia A group...

...will review the interview transcript and perform his or her own ‘reasonable fear’ analysis. Any who can’t make it through these stringent burdens by this point and are unable to meet the ‘withholding of removal’ standard against refoulement are then deported. III. Barriers Upon Arrival or Crossing Between Designated Ports of Entry For those who arrive between ports of entry, whether at the frontiers of the territory or by crossing into U.S. between ports of entry and encountering border guards, access to the asylum process and screening for refoulement is...