Interested in the intersections between policy, law and technology. Programmer, lawyer, civil servant, orthodox Marxist. Blind.


Interesado en la intersección entre la política, el derecho y la tecnología. Programador, abogado, funcionario, marxista ortodoxo. Ciego.

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Joined 1 year ago
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Cake day: June 5th, 2023

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  • There’s a very good report to the UN Human Rights Council on the human rights situation in the Palestinian occupied territories, numbered as A/HRC/55/73, which has a very good section on human shields.

    58. IHL strictly prohibits the use of human shields. 188 Their use constitutes a war crime, 189 as it violates the duty to protect the civilian population from dangers arising from military operations. 190 When human shields are used, the attacking party must take into account the risk to civilians. 191 Indiscriminate or disproportionate harm to civilians remains unlawful and the civilian population can never be targeted.

    59. Israel has accused Palestinian armed groups of deliberately using civilians as human shields in previous aggressions on Gaza (including in 2008-09, 192 2012, 193 2014, 194 2021 195 and 2022 196 ). It also used it to justify high civilian casualties and attacks against paramedics, journalists and others during the 2018–2019 ‘Great March of Return’. 197 UN independent fact-finding missions 198 and reputable human rights organizations 199 have consistently challenged these allegations, sometimes concluding that evidence of human shields had been fabricated. 200 Nevertheless, Israel has used these accusations – sometimes then retracted to justify widespread and systematic killing of Palestinian civilians in its ongoing assault. 202

    60. After 7 October, this macro-characterization of Gaza’s civilians as a population of human shields has reached unprecedented levels, with Israel’s top-ranking political and military leaders consistently framing civilians as either Hamas operatives, “accomplices”, or human shields among whom Hamas is “embedded”. 203 In November, Israel’s Ministry of Foreign Affairs defined “the residents of the Gaza Strip as human shields” and accused Hamas of using “the civilian population as human shields”. 204 The Ministry defines armed groups fighting from urban areas as deliberately “embedded” in the population to such an extent that it “cannot be concluded from the mere fact that seeming ‘civilians’ or ‘civilian objects’ have been targeted, that an attack was unlawful”. 205 Two rhetorical elements of this key legal policy document indicate the intention to transform the entire Gaza population and its infrastructures of life into a ‘legitimate’ targetable shield: the use of the all-encompassing the combined with the quotation marks to qualify civilians and civilian objects. Israel has thus sought to camouflage genocidal intent with humanitarian law jargon.

    61. International law does not permit the blanket claim that an opposing force is using the entire population as human shields en bloc. Any such usage must be assessed and established on a case-by-case basis before each individual attack. 206 The crime of using human shields occurs when the use of civilians or civilian objects to impede attacks on lawful targets is the result of a deliberate tactical choice, not merely arising from the nature of the battlefield, such as hostilities in densely populated urban terrain. 207

    62. Nevertheless, Israeli authorities have characterized churches, 208 mosques, 209 schools, 210 UN facilities, 211 universities, 212 hospitals and ambulances 213 as connected with Hamas to reinforce the perception of a population characterized as broadly ‘complicit’ and therefore killable. Significant numbers of Palestinian civilians are defined as human shields simply by being in “proximity to” potential Israeli targets. 214 Israel has thus transformed Gaza into a “world without civilians” in which “everything from taking shelter in hospitals to fleeing for safety is declared a form of human shielding”. 215 The accusation of using human shields has thus become a pretext, justifying the killing of civilians under a cloak of purported legality, whose all-enveloping pervasiveness admits only of genocidal intent.


  • I do not think it is a very good analogy. I do not see how this would turn into a broadcast medium. Though I do agree it can feel less accessible and there is a risk of building echo chambers.

    Not so concerned on that–people being able to establish their tolerances for whom they want to talk to is fine with me. But if the system goes towards allowlists, it becomes more cliquish and finding a way in is more difficult. It would tend towards centralisation just because of the popularity of certain posters/instances and how scale-free networks behave when they’re not handled another way.

    It’s most likely a death sentence for one-persone instances. Which is not ideal. On the other hand, I’ve seen people managing their own instance give up on the idea when they realized how little control they have over what gets replicated on their instance and how much work is required to moderate replies and such. In short, the tooling is not quite there.

    I run my instance and that’s definitely not my experience. Which is of course not to say it can’t be someone else’s. But something, in my opinion not unimportant, is lost when it becomes harder to find a way in.


  • I’m concerned that people are already eager to bury the fediverse and unwilling to consider what would be lost. The solutions I keep hearing in this space all seem to hinge on making the place less equal, more of a broadcast medium, and less accessible to unconnected individuals and small groups.

    How does an instance get into one of these archipelagos if they use allowlists?

    Same thing with reply policies. I can see the reason why people want them, but a major advantage on the fedi is the sense that there is little difference between posters. I think a lot of this would just recreate structures of power and influence, just without doing so formally–after all the nature of scale-free networks is large inequality.





  • For me the weirdest part of the interview is where he says he doesn’t want to follow anyone, that he wants the algorithm to just pick up on his interests. It’s so diametrically opposed to how I want to intentionally use social networks and how the fedi tends to work that it’s sometimes hard to remember there are people who take that view.




  • Very well-reasoned article, though the political constraints might end up making implementing its recommendations impossible. Hard to see how the US and EU could make the rhetorical shifts it would take. If events continue as they are now, the military realities may preclude it. While it seems advantageous to reach a negotiated settlement for all sides at the moment, this will not remain the case forever.


  • modulus@lemmy.mltoLemmy@lemmy.mlRFC for Private Communities in Lemmy
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    8 months ago

    I can think of alternatives. For example, the server could keep the user’s private key, encrypted with a passphrase that the user must have. So key loss wouldn’t be an issue. (Yes, passphrase loss might, but there are lots of ways to keep those safely already, compared to key material which is difficult to handle.)









  • Not that I expect a lot of consistency from imperialists, but essentially the same lines of argument can be used regarding the Russian Federation.

    An advisory opinion would effectively settle Israel’s “bilateral dispute” without the state’s consent.

    Ditto for .ru and .ua.

    The court is not equipped to examine a “broad range of complex factual issues concerning the entire history of the parties’ dispute”.

    Same thing, especially if we get back to the formation of the Soviet Union, independence referenda, and so on.

    An advisory opinion would conflict with existing agreements between the parties and negotiation frameworks endorsed by the UN.

    This would be Minsk I and II.

    The request is not appropriate as it asks the court to “assume unlawful conduct on the part of Israel”.

    Ditto.


  • Historically many if not most conflicts started with the breach of an agreement. Without getting bogged down in irrelevant detail, there are issue of self-determination of Crimea, which repeatedly in 3 referenda (2 if you wish to exclude the last one) pronounced in favour of either autonomy or being part of the CIS (effectively Russian Federation). Likewise, and setting aside the 2014 events for the moment, there also were agreements that, in principle, may have served as a valid status quo, such as Minsk II, and were not complied to by the parties.

    So, sure, some form of trust-building will be necessary. But what’s the alternative? Endless war?