Search: self-defense
02 May Soldier Self-Defense Symposium: The View from the Ground – Emerging State Practice on Individual and Unit Self-Defense
(Another of the contributors, Hans Boddens Hosang, has done some of the most rigorous thinking on self-defense bases and origins, worth reading more of here and here). The first position – that a service member or his unit’s self-defense is supported by the extraterritorial application of domestic self-defense rights – is the predominant view for most European countries (see, e.g., the Norway contribution, the personal self-defense description in the Netherlands contribution, and these case studies referencing the positions of France, Germany, and the UK). The last approach, the sovereign self-defense...
29 Apr Symposium on Soldier Self-Defense and International Law: Highlighting and Framing the Issue
right to self-defense relate to their obligations under international law. There are essentially two (related) sets of questions surrounding soldier self-defense that are relevant to international law. The first relates to the source and nature of soldier self-defense; the second to its modalities. Source(s) and Nature of Soldier Self-Defense What is the nature of soldier self-defense in domestic law? Is it merely a criminal defense? A private right? If both, are they consistent? At the international level, how does soldier self-defense relate to the law governing the use of force...
03 May Soldier Self-Defense Symposium: Self-Defense in Armed Conflicts–The Babel Tower Phenomenon
main argument in such cases, criminal law self-defence could still be argued in the alternative. The interplay between criminal law notions of self-defence and IHL is therefore complex and the application of the lex specialis maxim in this context – to prefer IHL over self-defence in a trial – is doubtful in my view. It shall be added that domestic laws differ considerably from one another in relation to the criminal law concept of self-defence. Some see self-defence as a justification, others as an excuse. Some accept self-defence pleas to...
03 May Soldier Self-Defense Symposium: Personal Self-Defense in International Law–A Norm in Search of its Normative Foundations?
always retain the inherent right and obligation to exercise unit self-defense in response to a hostile act or demonstrated hostile intent. Unless otherwise directed by a unit commander as detailed below, military members may exercise individual self-defense in response to a hostile act or demonstrated hostile intent. When individuals are assigned and acting as part of a unit, individual self-defense should be considered a subset of unit self-defense. As such, unit commanders may limit individual self-defense by members of their unit. Both unit and individual self-defense includes defense of other...
01 May Soldier Self-Defense Symposium: The Evolution of the UN Doctrine of Self-Defence in UN Peacekeeping
of its peacekeepers’ right to self-defence as an inherent right. I conclude this historical review of the evolution of the UN doctrine with some brief points and questions about the UN’s approach to the use of force in self-defence today. I do not address the protection of civilians in the context of the right to self-defence nor do I critique the UN’s approach to the use of force in self-defence. Self-Defence as a right The doctrine of the use of force in self-defence in UN peacekeeping started with the deployment...14 Oct Guest Post: Air Strikes in Syria–Questions Surrounding the Necessity and Proportionality Requirements in the Exercise of Self-Defense
to reinforce the argument of Tams and Devaney concerning the relationship between geography and self-defense actions against irregular forces. By way of contrast, several examples can be found during the UN era where a state condemned the remoteness of the response taken in self-defense against both state and non-state actors. For example, when the US claimed that its 1986 aerial bombing of Libyan territory had been validly undertaken in response to imminent attacks from Libyan-sponsored terrorists (UN SCOR, 2674th mtg, UN Doc S/PV.2674 (15 April 1986); Stanimir A. Alexandrov, Self-Defense...08 Jul Guest Post: Henderson & Cavanagh on Self-Defense & The Privilege of Combatancy
[Jens David Ohlin is Professor of Law at Cornell Law School .] Ian Henderson and Bryan Cavanagh have hit the nail on the head in identifying a crucial and under-theorized question that goes right to the basic structure of the laws of war. I am in complete agreement that invocations of self-defense during armed conflict are both confused and confusing. There is already the frequent problem of conflating individual self-defense (in the criminal law sense) with collective self-defense (jus ad bellum and article 51 of the UN Charter). In addition,...09 Mar Ukraine Insta-Symposium: The Crisis in Crimea–The Protection of Nationals Abroad and the Legality of Ukraine’s Possible Use of Force in Self-Defense
Jordan There appears to be some mixing of claims regarding premptive self-defense, anticipatory self-defense, and self-defense when an armed attack occurs. Once an armed attack is underway or occurs, the necessity criterion has benn met. A minority view would tolerate anticipatory self-defense if an armed attack is imminent, but would involve inquiry whether necessity actually exists. see http://ssrn.com/abstract=2402414 Also, the fact that a few states have claimed the right of self-defense in case of armed attacks on their nationals abroad is not determinative. As partly noted, what has been the...
29 Apr Soldier Self-Defense Symposium: Netherlands Views on Self-Defence for Military Personnel
...organization. This post is part of our week-long symposium on soldier self-defense and international law.] Introduction and Modalities of Self-defence The notion of self-defence under international law refers to the right of a State to respond to a prior or imminent use of unlawful force in the form of an armed attack. It can be exercised at various levels and in different contexts subject to a number of generally recognized conditions which may be applied somewhat differently, depending on the modality of self-defence in question. Consequently, discussing self-defence in a...07 Mar Why Preventive Self-Defense Violates the UN Charter
B against State A? For instance, there might be a good argument for Israel to bomb Iran in preventive self-defence due to perceived threats by Iran if Israel agrees that Iran can do the same against Israel on the basis of (similar) perceived threats. If Israel agrees that this would be in Iran's right, then they do have a slightly better argument... JordanPaust Response... Kevin: The Caroline incident is NOT justification for anticipatory self-defense, what you term preemptive self-defense (which is confusing because others consider preemptive self-defense to encompass what...