Search: self-defense
24 Sep France’s Declaration on International Law in Cyberspace: The Law of Peacetime Cyber Operations, Part II
...has the right to individual or collective self-defence. Legitimate self-defense can be conducted with conventional or cyber means and has to respect the principles of necessity and proportionality. Furthermore, legitimate self-defense includes preemptive action to respond to a (cyber) armed attack which has “not yet begun, but is imminent and certain, provided that the potential impact of this aggression is sufficiently grave”. At the same time, France rejects the right to use force in preventive self-defense, i.e. when the armed attack is not imminent, but may only potentially occur in...
08 Mar Legal Implications of the Recent India-Pakistan Military Standoff
absolutely necessary”. With all their legal uncertainty, the words ‘imminent danger’ and ‘preemptive strike’ would suggest towards the right of self-defense under Article 51 of the United Nations Charter. India seemed to stop short of suggesting that. It must have been because if the target is a non-state actor, in this case, JeM, it becomes necessary for India to attribute its actions to the State, in this case, Pakistan. While there is a general feeling among the Indian establishment that some level of State support, arguably, exists in the case...
20 May Reducing the Grounds Upon Which the Use of Force is Legally Permissible
...will result in what legal exposure. Lack of clarity in the law means manipulators of rules and their language have an easier job expanding the bounds of what is considered to be lawful conduct compared to if the law were clearer. In this respect, there is a concept currently part of the law governing the use of force that provides space for advancing legal arguments that expand the bounds of what can be considered legally permissible conduct: anticipatory self-defence. Anticipatory self-defence is understood here as an armed attack by a...29 Jan Elongated Imminence and Operational Realities
...concept of self-defense based on its use in the Caroline standard. Since the adoption of the UN Charter there has been debate about whether the “inherent right” of self-defense contained in Article 51 is broader or narrower than the Caroline standard. While that question has not been definitively settled, it is fair to say that if Israel’s action in the 1967 war was justified by Article 51 (something that most states, if not most scholars, seem to agree with), then Article 51 “imminence” is broader than Caroline “imminence”. If for...28 Apr Is a Use of Force the same as an Armed Attack in Cyberspace?
...to trigger an Article 51 right of self-defense. Although I’d always understood that simply because something constituted a use of force, that didn’t mean that it rose to the level of an armed attack for self-defense purposes. In other words, there is a gap between armed attack and force. But at least one US government lawyer suggested at this conference that there is no such gap in cyberspace, and that this may even be the official US Government position for cyberspace. I’d be interested in what readers make of this...16 Apr Defense Perspectives on Law and Politics in International Criminal Trials — A Response
“has led to some positive developments for the defense.” She does not cite to any statements by defense attorneys here, and for good reason: I doubt that any of the attorneys she surveyed share her opinion. Trimmed indictments, (a bit) less cumulative evidence, and speedier trials only marginally benefit the defense, and those benefits are vastly outweighed by the costs that Jenia mentions, particularly limits on the defendant’s right to confront witnesses and to prepare an effective defense. Moreover, Jenia fails to mention the Completion Strategy’s most significant cost: the...
23 Oct Research Services of German Bundestag Rejects Turkey’s Syria Invasion: Illegal, but Who Cares?
the rescue of migrants at sea, the prohibition of Nazi symbols, or international prosecution of German ISIS affiliates. The opinion starts with emphasizing the similarities between “Operation Peace Spring” and Turkey’s previous invasion in Afrin (the research services also issued numerous opinions on this subject-matter). On this basis, it (again) addresses the validity of self-defense against non-state actors and Turkey’s reference to the 1998 Adana agreement with Syria. Self-defense against quasi-de-facto-regimes permissible The PYD/YPG has successfully consolidated itself in what they call Rojava already in the early phase of the Syria war. Their autonomy...