Search: self-defense
27 Aug The New Caledonia (Kanaky) Crisis says Something about Remaining Non-self-governing Territories
...role of foreign powers in the equation. This short post will nevertheless only focus on an international law perspective, and will try to underline what this crisis says about non-self-governing territories: despite lots of singularities, the Caledonian destiny is also relevant to assess in some ways the actuality of non-self-governing territories international regime. Administering Powers’ Vision vs. United Nations’ One The current situation of New Caledonia (Kanaky) is symptomatic of the ever-widening gap between, on one hand, the UN perspective on decolonization and the legal regime described in Chapter XI...
23 Aug Palestinian Self-Determination between Sovereignty and Conquest: Exploring Public and Private Power in the recent ICJ’s Advisory Opinion on the Illegality of Israel’s Occupation
...self-determination rests most crucially on territorial, demographic and economic and cultural integrity (para. 238-241). Only where the Palestinian people can decide how to exercise unfragmented public power throughout the territories can they be fulfilling their right to self-determination. The settler as a legal persona illustrates this fusion of public and private interests as well as its utility when it comes to delineating Israel’s obligation to withdraw immediately and unconditionally. In its short overview of violence against the Palestinians in the occupied territories, the Court distinguishes between settler violence and ‘public’...16 Jul Treaties Task Force Report
...role of treaties in U.S. law; and (3) recommendations for addressing such consequences. In terms of how to read Medellin, the report focuses on the case’s implications for (a) which treaties will be found to be non self-executing, and (b) what legal implications flow from attaching a non-self executing label to a treaty. In terms of the question of when a treaty will be deemed self-executing, the report notes: The Court’s self-execution analysis may affect a limited class of treaties or a very substantial number: under the narrowest view, it...16 Sep John Brennan Speech on Obama Administration Antiterrorism Policies and Practices
...the conflict First, our definition of the conflict. As the President has said many times, we are at war with al-Qa’ida. In an indisputable act of aggression, al-Qa’ida attacked our nation and killed nearly 3,000 innocent people. And as we were reminded just last weekend, al-Qa’ida seeks to attack us again. Our ongoing armed conflict with al-Qa’ida stems from our right—recognized under international law—to self defense. An area in which there is some disagreement is the geographic scope of the conflict. The United States does not view our authority to...10 Mar Ukraine Insta-Symposium: Crimea, Ukraine and Russia: Self-Determination, Intervention and International Law
be opening a Pandora’s box of intersecting self-determination claims. certus I agree with Bill's comment on Crimean Tatars, whose voice will be totally disregarded in the upcoming referendum, and who are on top of having a claim to self-determination, were also subject to cruel deportations in Stalinist time (Sürgünlik, see http://www.massviolence.org/Surgun-The-Crimean-Tatars-deportation-and-exile?artpage=3#outil_sommaire_2 ) that some consider to be an intentional genocide. Speaking politically Russia will not benefit of such 'self-determination' practices, because it is the largest remaining empire with many peoples within its borders, and this practice is detrimental to Russia's...25 Feb Drones as Strategic Airpower and the Light Cavalry?
...piece from me next week arguing something I’ve developed at Volokh Conspiracy and here at OJ blog: first, that the administration’s lawyers need to step up to the plate and defend targeted killing using Predators and, second, the proper legal basis on which to defend it to the full extent undertaken by the Obama administration is the international law of self-defense, rather than simply the law of armed conflict, targeting combatants. In another piece coming soon (this one a book chapter in a Hoover Institution online collection of essays from...05 Aug Is the Montevideo Convention Still Good Law?
...things asserting self-defense leaves me cold. I vaguely remember a crossing into Poland ostensibly in "self-defense." Best, Ben [insert here] delenda est That last line was a bit pathetic BGD. I'm sure the domestic criminal legal doctrine of self-defence has been invoked by defence counsel in some egregiously abusive cases, but I'm also sure you don't see it as a fundamentally flawed and malevolent doctrine that must be discarded. rajesh deoli i am researching on this topic and what i found is that "the international politics had taken the possession...
01 May Can Coastal States Interrupt Foreign Passage in Their Territorial Seas in Response to Non-Compliance with Human Rights Obligations? A Response to the ASCOMARE Legal Opinion
...decisions of the UN Security Council under Chapter VII. Coastal States could interrupt arms shipments to Israel under a Chapter VII decision or as an act of collective self-defense upon request. However, such a decision is unlikely, and acting in collective self-defense exposes the defending State to Israeli response. A Final Option A final, more promising option lies in the law of state responsibility, which was not covered in the ASCOMARE opinion. An eloquent illustration of this possibility is the 2019 seizure of the Panamanian-flagged tanker Grace 1 in Gibraltar’s...
21 Jan Twitter’s Responsibility to Suspend Trump’s, and Rouhani’s, Accounts, Part 1
...Committee issued authoritative guidance in 1983 on what is covered by Article 20: The prohibition under paragraph 1 extends to all forms of propaganda threatening or resulting in an act of aggression or breach of the peace contrary to the Charter of the United Nations. … The provisions of article 20, paragraph 1, do not prohibit advocacy of the sovereign right of self-defence or the right of peoples to self-determination and independence in accordance with the Charter of the United Nations. The Charter, in turn, contains a right of self-defense...