Search: self-defense
21 Aug Iran’s Strikes on the Kurdistan Region: The Limits of Self-Defence Against Non-State Actors
...violation of Article 2(4) without any legal defence. This silence is therefore a decisive legal proposition in itself. Legal commentators seeking to reconstruct the strongest possible legal justification for this state’s actions should not deliberately fill this gap with their own assumptions. The Requirements of Self-Defence The traditional interpretation of Article 51 — and the one endorsed in the jurisprudence of the ICJ (notably Nicaragua, para. 195, and Wall, para. 139) — remains wedded to a state-centric paradigm, confining self-defence to attacks attributable to a state. Moreover, any customary basis...09 Jul HRW on the Murder of a Third Defense Attorney in the Saddam Trial
As was widely reported in the media, Khamis al-Obeidi, a defense attorney for Saddam and his half-brother Barzan Ibrahim, was murdered two weeks ago. Al-Obeidi is the third defense attorney to be killed during the trial. Human Rights Watch has released a statement regarding the need to protect defense counsel — current and future — appearing before the Iraqi High tribunal. With their permission, I am reproducing it in full: The brutal murder of Iraqi lawyer Khamis Al-Obeidi, defense counsel for former Iraqi President Saddam Hussein, underlines the urgent need...07 Feb (In)equality of Arms at the International Tribunals
...of arms than its predecessors. On paper, there is reason to be optimistic: the Court has adopted comprehensive regulations governing the qualifications required of defense counsel and the provision of resources to the defense. In terms of qualifications, the ICC requires all defense counsel to have at least 10 years experience in international or criminal law and procedure, including relevant experience – whether as judge, prosecutor, or defense attorney – in criminal proceedings. Moreover, the Court has created an Office of Public Counsel for the defense that is responsible for...08 Apr I agree with Harold Koh
...a backdoor way of amending the Charter without going through the difficult process of amending the Charter. A far better and more fruitful exercise is to examine article 51 of the UN Charter more closely. Article 51 preserves the inherent right of individual or collective self-defense, or what the French-language version of the Charter refers to as the droit naturel de legitimate defense. The right to legitimate defense (which covers both self- and other-defense) is a natural law right. It isn’t created by the UN Charter or by positive law...25 Apr The Legality of President Obama’s “Red Line” on Syrian Chemical Weapons
...a belligerent still has responsibilities under int'l law. It is certainly possible to conclude that the old regiime is no longer the legitimate govt. of Syria, esp. under Univ. Dec. H.R. art. 21(3) and major developments in the law of self-determination. It is possible for the legitimate rep. of the people of Syria to request aid that would be considered to be self-determination assistance and/or collective self-defents (since self-defense under customary int'l law is not merely a right of a state or a "govt."). Certainly, international law has never been...
11 Feb Platforms on the Frontline: The Rise of the Platform Model in Defense Tech
...as many defense agents as possible into their platform ecosystem. By rapidly exploiting these network effects and scaling up this way, the most successful defense tech companies set out to disrupt the defense market in the years to come. Early movers such as Shield AI, Anduril, Rebellion Defense, and Palantir are rewarded by this model and raise the most funding from venture capital. They are now starting to compete with industrial defense companies, either directly by building the military hardware themselves or by partnering up and renting out software solutions...07 Mar Humanitarian Intervention in Libya: Follow-up Post
...one assumes ‘no Security Council authorization’, is to argue not just that’s it’s legitimate, but that it is actually legal. In rough terms, this means appeal to self-defense (including the defense of others who can’t defend themselves) from aggression as an on-going customary law right, including under the Charter. The legal argument then runs to a point crucial in many justifications of humanitarian intervention under “Responsibility to Protect” (R2P). Self-defense, or defense of others, can run not just to defending a state, but to defending a state’s own people. Including...
25 Feb The Nature and Implications of Israeli Occupation of the Palestinian Territory: Part II
the defending state to effectuate the total military defeat of the aggressor and potentially even topple its government. When such extensive aims may lawfully be the object of self-defense, the comprehensive use of armed force—such as the prolonged occupation of the aggressor state’s territory—may constitute a proportionate measure of self-defense under the jus ad bellum. In the context of the Israeli-Palestinian IAC, the salience of this point is obvious if considered in concrete terms. Understood exclusively in reference to its origins in the Six Day War, Israel’s present occupation of...