Search: {search_term_string}
15 Aug Does the Establishment of Specialized Space Military Corps Ipso Facto Violate International Law?
...moot. The analysis contained in the previous part of this post outlines, in most specific terms, the permissible activities of the USSF, as well as those which, when undertaken, may sound immediate legal sirens across jurisdictions. The USSF, as detailed under by the Space Force Proposal, is for “both combat and combat-support functions to enable prompt and sustained offensive and defensive space operations and joint operations in all domains”. The specific use of the term ‘offensive’ thus casts doubt on the ‘non-aggressive’ narrative of the USSF so propagated. The existence...07 Mar Bomb Iran? Not Yet
...Iran continues to install new machines, its capacity to produce weapons-grade uranium will increase. In the near term, IAEA inspectors who are on the ground in Iran will be able to verify that Iran is not using the commercial-scale facility to produce weapons-grade nuclear material. The fear, though, is that Iran will produce low-enriched uranium (which is not useable for nuclear weapons) under the watchful eye of IAEA inspectors while it continues to install new machines. Then, once Iran has gained sufficient experience operating the enrichment plant, and installed a...
20 Mar De-Christianizing International Law: US Politics and the Evangelical Legacy
...terms, the source code is good but the American mental operating system needs a serious update. They glorify winning not because they hate losers, but because they always assume contests are fair. The ordinary American dislikes bullies, abhors cheating and values fair competition. So, when international law says ‘proportionate’ civilian casualties are legally acceptable when in furtherance of a legitimate military target, this arrangement resonates with Americans as being ‘fair’. The very term ‘proportionate’ leaves open great ‘leeway’s of choice’ for politicians and religious leaders to exploit. So, when the...
02 Nov The Legality of a SADC Intervention in Cabo Delgado in the Absence of Mozambican Consent
[Marko Svicevic is a post-doctoral research fellow at the South African Research Chair in International Law, University of Johannesburg.] Introduction The growing insurgency in Mozambique continues to worry its neighboring states and the Southern African Development Community (SADC) alike. Known as Ansar al-Sunna, the insurgency first arose in 2017 in Mozambique’s northern province of Cabo Delgado. By July 2019, it had pledged allegiance to ISIS and by 2020, several reports confirm it has been added to the Islamic State Central Africa Province. Over the course of three years, insurgents have...13 Jan Talk About Travel Perks
Here’s a new job posting a colleague just sent along that even Ken might find of interest: The DoD Office of General Counsel is soliciting resumes for multiple attorney term positions. Successful applicants will be part of an interagency team representing the government in over 200 habeas corpus petitions filed in D.C. District Court by individuals detained by DoD at Guantanamo Bay. These positions start immediately and are for a term of not to exceed 3 years. The positions are within National Security Personnel System (NSPS) Pay Band YA-2/3 (Salary:...02 Nov Dave Glazier on Khadr’s Sentence
...term for this offence would be treated as a “youth sentence” under Canadian law, and youthful offenders can be awarded an early release by a juvenile court on the recommendation of the appropriate provincial official. But a killing in the flow of a battle seems extremely unlikely to qualify as first degree murder, and Canadian law provides that a sentence in excess of seven years for the equivalent of second degree murder is to be treated as an adult sentence, placing Khadr outside the reach of Canadian juvenile authorities. The...
31 Oct Nord Stream Explosions as a Breach of the Peace
...Allies’ critical infrastructure would be met with a united and determined response.’ In many ways, the Nord Stream blasts amount to a perfect example of hybrid warfare – they were conducted in an environment that significantly hampers objective investigation; it may turn out that it is impossible to unanimously point out the responsible actor; and despite the seriousness of the incident, it is difficult to indicate what fundamental norms of international law were breached. This entry examines the explosions from the perspective of international peace and security. To this end,...
23 Dec Space-Based Espionage Under International Law: Legal Ambiguities and the Case of Israel
...for other countries. Under this treaty, satellites placed in Earth orbit are considered part of outer space, and their passage over national airspace does not constitute a violation of state sovereignty. The sovereignty of states is limited to their terrestrial territory and airspace up to the Kármán line (approximately 100 kilometers above the Earth’s surface); beyond this boundary, activities are subject to the regime of international space law. Espionage in International Law: Legal Complexities and Substantive Distinctions Espionage has long occupied an ambiguous and intermediate position in international relations. Unlike...
16 Jun Norway’s Inconsistent Interpretation of the 1920 Treaty of Paris
...not exist in the first place, if it weren’t for such international instruments). The conflicting interpretations as to the geographical scope of the 1920 Treaty of Paris stem from the fact that the Treaty refers only to the term “territorial waters” (probably, equitable with the concept of territorial sea), since that the concept of continental shelf did not exist at the time when the Treaty was drafted. However, nowadays pursuant to article 77(3) of the 1982 UNCLOS, land automatically generates its corresponding continental shelf, and this is also true for...18 Oct Withdrawal from the International Criminal Court: “Much ado about nothing” at the Philippine Supreme Court? (Part I)
...distill the proceedings based on the focus of the bench on particular issues. The post is divided into two parts – the first deals with the background of the case, the proceedings and context before the Supreme Court, and two areas of argumentation. The second part addresses one legal issue, and presents concluding observations. I. Background The “war on drugs” in the Philippines has unleashed an unprecedented campaign of brutality in the country. From the commencement of the term of the current President, in June 2016, this crackdown has cost...