Search: self-defense
31 Dec Legality Is Not Morality
because the point about killing innocents is easily shown to be a red herring from jus ad bellum point of view since the drone program is obviously understood, and understood plausibly, as a form of self defense against an ongoing threat by al Qaeda given AQ's relentless series of attacks against American homeland ( the printer cartridge bombs, 2 underwear bombers et ). In other words there is a strong moral case that the drone program against alQaeda is justified because it is a genuine case of self defense. So,...02 Apr Kosovo, South Ossetia, and Crimea: the Legal Rhetoric of Intervention, Recognition, and Annexation
Jordan Setting forth a "conception of international law to serve its foreign policy needs" and that is not one that is "generally accepted"? How shocking. Perhaps Russia might consider using the Obama doctrine on self-defense, claiming (contrary to the text of UN art. 51 and generally accpeted meaning) that a state can engage in use of force in self-defense if there is merely an "imminent threat" of an armed attack, i.e., that there is not even a present threat, merely an alleged imminent threat (and not that the laughable Bush...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...
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’...
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...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...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...