Search: self-defense
06 Feb Serbia’s Territorial Integrity and the Limits of UN Power
...self-determination by forming the neighbouring Albania. By arguing that the Albanian minority in Serbia has that same right you are arguing that ethnic minorities in any country have a right to self-determination irrespective of wheter a "motherland" country exists or not which means that any nation has the right to exercise its self-determination right by forming as many states as it pleases in countries which host its ethnic minorities and that's simply not the case. Minorities can exercise their right to self-determination to the level of cultural autonomy but not...22 Oct The U.S. Can “Drone” the Benghazi Perpetrators, Even If They Are Not Linked to Al Qaeda
of self-defense. E.g., http://ssrn.com/abstract=2061835 --and, yes, the U.S. claim of self-defense would be appropriate -- http://ssrn.com/abstract=2165278 ; http://ssrn.com/abstract=1718548 , etc. Ian Henderson "that (obviously) the U.S. already takes the view that targeted killings against non-state actors that have, or are planning to, carry out attacks on U.S. persons or property could be justified as an act of self-defense." (emphasis added) Is there some statement from USG officials that supports the view that self-defence authroises targeted killings purely on the basis of 'have' carried out an attack? Wouldn't it be the...29 Mar Medellin: Questions for Students
...that only nations may be parties in contentious cases before the ICJ suggest that ICJ decisions are non-self-executing? How relevant is it that other nations apparently do not treat ICJ judgments as binding in their domestic courts? 3. What position does the Court take regarding whether Article 36 of the VCCR is self-executing? What is the position of the dissent on this issue? If Article 36 of the VCCR is self-executing, why shouldn’t the ICJ’s judgment concerning the effect of Article 36 also be self-executing? Do you agree or disagree...06 Mar Holder’s Speech
Jordan Response... And an interesting question from Senator Wyden: will the Executive target U.S. citizens and aliens inside the United States under the self-defense and/or the law of war paradigms? There was no attention paid to the possibility of secret judicial review (checks and balances) of the list of targetable U.S. citizens, something mentioned here on Opinio Juris. Yes, quick action may be necessary as a matter of self-defense against ongoing armed attacks by non-state actors, but should there be some judicial review of the propriety of placement on the...11 Apr Guest Post: How International Law Could Work in Transnational Non-International Armed Conflicts: Part I of a Two-Part Series
...or a state-to-state, state-to-nation, state-to-peoples armed conflict). Jordan Also, an "imminent threat" is not even a present threat. Some who use this phrase might have in mind the old unacceptable Bush Doctrine (i.e., emerging threat) and some might have in mind anticipatory self-defense when an armed attack is imminent (which is contrary to the language of UN art. 51). Moreover, the debate between the US and UK re: The Caroline had nothing to do with anticipatory self-defense or whether an attack by the rebels, etc. was "imminent." Armed attacks by...25 Jan Could Deploying Stuxnet be a War Crime?
...bomb or missile and it did not apparently kill anyone. Even if Stuxnet was a use of force, we could debate whether it was authorized by the U.N. Charter or self-defense. The UN Security Council, for example, has invoked Article 41 in dealing with Iran’s nuclear programs, although I’ve not had time to vet whether a Stuxnet-like attack could be interpreted as covered under any of the applicable resolutions. Similarly, the self-defense arguments are likely to be controversial, especially if they rely on anticipatory self-defense in light of Iran’s stated...12 Sep U.S. Dispatches Military to “Hunt” Militants in Libya
attacks. Some are checking to see whether there are even links with al-Qaeda. I can envision a circumstance where a targeting takes place in Libya with the special consent of Libya, although that is not required under Article 51 of the Charter, and a targeting in some other country. I would imagine that Libya might even request assitance by the U.S. in what would be collective self-defense, and I do not think that Article 51 should be read to exclude self-defense engaged in by a state (like Libya) against non-state...