Search: crossing lines
25 Oct Framing Critique, on Celluloid and Paper
...team members are Black.” Moreover, Insider Magazine notes that “only 6.3% of [Oscar] nominations went to Black creatives, while 2.6% went to Latinx people and 1.4% went to Asian people.” As a result, most movies produced in Hollywood have adopted white and Western frames of reference for their storylines and characters. In fact, even when the movies discuss stories involving Black, Indigenous and/or other ethnic minority characters, they tend to fall in the “White Saviour” trope, where a white person is “the great leader who saves blacks from slavery or...
04 Jan A Response to Mariniello About the Palestine Investigation
...A. Khan KC, concludes first visit to Israel and State of Palestine by an ICC Prosecutor: “We must show that the law is there, on the front lines, and that it is capable of protecting all” – 3 December 2023 Statement of the Prosecutor of the International Criminal Court, Karim A.A. Khan KC, on the Situation in the State of Palestine: receipt of a referral from five States Parties – 17 November 2023 Prosecutor’s Op-Ed in The Guardian and various newspapers – 10 November 2023 Press statement from Cairo –...
15 Aug Emerging Voices: Sri Lanka’s Tamils Need Genocide Recognition and Innovative Justice Mechanisms
...by OISL, the first independent, international human rights investigation into the atrocities on the island, may have effectively excused the international community from promoting critical discourse, let alone political recognition, of genocide. Genocide appears in the report’s section on applicable international criminal law, which defines the elements of genocide and outlines Sri Lanka’s legal obligations under the Genocide Convention. It is mentioned only once more when the report recommends the domestic criminalization of genocide. The report is silent on genocide allegations as well as investigations and prosecutions thereof. Its omission...25 Jun So Far, the “Apology” Hasn’t Helped
...After all, it was he who insisted that Libya would release Taylor if the ICC “apologized” for her actions. Either Libya lied to him and he took its representations at face value or he simply assumed that an apology would lead to Taylor’s release. Neither scenario makes him look very good. Nor, unfortunately, is that all. Reading between the lines of a recent Sky News report, it seems that Taylor is still under the control of the Zintan rebels, not the Libyan government: Despite repeated requests, Ms Taylor has not...19 Jun Berman Book Discussion: Notes From a Fellow Traveler
This post is part of our symposium on Dean Schiff Berman’s book Global Legal Pluralism. Other posts can be found in Related Posts below. This is a great book, and I am almost completely on board with the orientation here. Paul is right on the money in navigating between the territorial sovereigntists on the one hand and the cosmopolitan universalists on the other. The critique of the universalists is especially key insofar as it persuasively rebuts a standard sovereigntist fallacy (along the lines of, the sovereign state may be imperfect,...11 Jun Commentary on Katharine G. Young’s article: The Minimum Core of Economic and Social Rights – A Concept in Search of Content
...were neutralising the inter-state rivalries of yesteryear. Briefly, vertically and horizontally integrated multinational firms were supplanting the nation-state as ‘the primary form of political organization of world capitalism’ thus reducing instances of cross-border strife. Building on and possibly even supplanting the work of Arrighi, Robinson and Harris detailed in an important article the ways in which neoliberalism was further transforming the existing capitalist order: through widespread integration of national economies in the world trading system and a restructuring of finance and production systems along global lines. Combined – and despite...21 Oct Borderline History at Borderline Jurisprudence: Some Thoughts on Anne Orford’s International Law & the Politics of History (Part II)
as I said before, solve the Orford-Skinner or the Orford-Hunter Debate. Like all Great Debates, we may end up reading and re-reading them for many years to come. But I do hope that in these lines I may offer a different perspective on how to approach them: not as the expression of a necessary methodological incompatibility between our disciplines, but as a pool of wisdom from which to extract valuable lessons in the construction of our interdisciplinary common future – one where historians see law as language and where lawyers...
13 Aug Climate Wars and Jus ad Bellum: Part I
...under Art. 42 of the Charter. When that fails, it is not that large of a leap to imagine states claiming a collective but unilateral right to threaten or use force against climate rogue states. Even just establishing the putative validity of such acition will be considered important as a means of shaping rogue state behavior. Force would be seldom if ever used, just as it has been rarely used against nuclear rogue states—and if used, it would be surgical strikes along the lines of the Israeli Osirak action in...14 Apr Transparency and the Closure of Gaza
...that it would harm Israeli security to reveal what is certainly an embarrassing policy but one that has little to do with weapons or specialized defense systems. The court ordered the Defense Ministry to undo its redaction identifying the officials in charge of the policy and to release the “Red Lines” document purportedly used to calculate how much food should be permitted to enter Gaza under the policy in place from June 2007 to June 2010. Yesterday, we at Gisha received the un-redacted documents showing that approval by the most...
11 Jul Death by Omnibus? The European Commission’s Proposal and the Fate of the Corporate Sustainability Due Diligence Directive (Part II)
...over 400 chief sustainability officers of French companies, and 10,000 German companies. State of Play in EU Institutions and Politics The Omnibus proposal has exposed significant rifts along familiar lines: The European Parliament’s center-left Socialists & Democrats (S&D) and Green parties want to preserve the CSDDD’s original purpose and scope, while the center-right European People’s Party (EPP), which formerly supported the CSDDD, now argues that deregulation will lower costs and shore up European competitiveness. In Parliament, rapporteur Jörgen Warborn (EPP and chief negotiator of omnibus simplification) went further than the...