Search: self-defense
26 Oct Top Gun Maverick: International Law, Empire, and Nostalgia
...in a meaningful sense, the depiction of the jus ad bellum and jus in bellow are nonetheless instructive. The complete non-acknowledgment of jus ad bellum restraints on the use of force underscores the constantly expanding interpretations of self-defense, bringing states closer to anticipatory self-defense without consideration of necessity or imminence and helping to undergird Forever Wars. In contrast, the jus in bello conduct of U.S. forces is entirely compliant with international humanitarian law (IHL). The portrayal of U.S. forces as entirely compliant with IHL is critical to the film’s logic, and perhaps...24 May The US’s Retreat from IHL (or, the Triumph of Ryan Goodman)
...were very much written with an eye to the near-to-middle future, in which the US will be increasingly unable to maintain the fiction that it is involved in a single armed conflict “with al-Qaida, the Taliban, and associated forces.” Differently put, the US seems to be anticipating a time in which it will no longer be able to argue that the US may use lethal force outside of areas of active hostilities on the ground of either self-defense or IHL, but will be able to invoke only self-defense. I think...29 Aug Stirrings in the U.S. Congress on Syria Could Highlight President Obama’s Startling Reversal on Congressional Authorizations
...minority view globally. Other possibilities would include: (1) collective self-defense at the request of Turkey, (2) a type of collective self-defense with the consent of the legitimate representative of the Syrian people (the "rebers"), (3) a NATO authorization, (4) a League of Arab States authorization, (5) possibly a United for Peace authorization from the GA (?), (6) a foolish attack on a U.S. naval vessel by Assad et al., (7) a policy-serving interpretation of UN art. 2(4). See my essay in the Pa. J. Int'l L. that you provided a...25 Mar Does the Tallinn Manual Allow States to Kill Hackers? Not Really.
...legitimate act of self-defense under Art. 51. On the contrary, the provision concerning self-defense — Rule 13 — is located in the section of the Manual that exclusively addresses the jus ad bellum. The Manual’s commentary to Rule 13 also continually emphasizes that what is at stake in an act of self-defence is whether the attacked state’s sovereignty has been violated. Finally, and perhaps most importantly, the section of the Manual that discusses “attacks generally” specifically states (p. 105) that “[t]he law of armed conflict applies to the targeting of...10 Dec Star Wars, Indeed: US Navy Will Deploy Its First (Hopefully Legal) Laser Cannons to Persian Gulf
Ian Henderson Prof Ku, Thank you for the post. I am interested to know whether you think acting in self-defense has any bearing on the legality of using the particular class of weapon? Put another way, is a claim of self-defense relevant to the type of weapon used or only goes to the authority to use force in the first place? thank you Julian Ku Hi, I don't think the "self-defense" limitation on laser cannons is required by any legal rule I am aware of, except of course that the...25 Apr The Functional Approach to the Occupation of the Gaza Strip and the Right to Self-Determination
...a motivation for complete withdrawal. And a complete withdrawal will allow the space for genuine self-government. Even if one accepts that the functional approach struggles from the perspective of self-determination, this does not answer how this issue should be balanced against other considerations, such as the protection of civilians. I would therefore be very interested to hear the views of my fellow participants in this symposium on how much significance they think should be placed in the self-determination angle when assessing the merits of the functional approach; and, of course,...
07 Feb Kazakhstan: Another Intervention by Invitation that Played Out as Expected
...as that they intervene to counter terrorism, address a threat to their national security (sometimes with the claim of self-defense) or to the region, counter a prior illegal intervention in the inviting State, assist the inviting State in the exercise of its collective self-defense, rescue nationals or foreigners, maintain law and order, bring stability, protect vital infrastructure, prevent a humanitarian crisis or genocide, protect the democratically elected government, or ensure a secure environment for the elections, or that they are not taking a side in the internal conflict. The controversy...
20 Feb Tertium datur: A Step Towards Squaring the Circle on the Current Meaning of Self-defence?
the use of military force under customary international law, govern the relations between ISIS and States? In the affirmative, the use of unilateral force against ISIS must be justified as self-defense. Such construction would be consistent with Article 51 interpreted as allowing a State to react militarily to an armed attack – including terrorist attacks – attributable to a subject of international law other than States. From this perspective, the military action against ISIS must keep a defensive character and comply inter alia with the principle of proportionality in the...