Search: self-defense
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...02 Oct Defending the FSA Against Russia — the Jus ad Bellum Perspective
...Not only would such a use of force create an international armed conflict between the US and Russia, it would itself qualify as an armed attack under Art. 2(4), thereby permitting Russia to use force against the US in self-defense. Russia would simply be responding to an unlawful act of aggression by the US. (To be sure, the same analysis would apply to any US use of force against Syria in defense of the FSA. But it would obviously be a much bigger deal for the US to commit an...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...
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...
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...24 Jul Recent International Legal Scholarship on the Crisis in Ukraine
Colonel David Wallace on the combatant status of “little green men,” Geoff Corn on regulating non-international armed conflicts after Tadic, and Opinio Juris’s Jens Ohlin on legitimate self-defense. I was also one of the workshop participants and my paper, Law, Rhetoric, Strategy: Russia and Self-Determination Before and After Crimea, considers how and why Russia has used international legal arguments concerning self-determination in relation to its intervention in Ukraine. I address the question “of what use is legal rhetoric in the midst of politico-military conflict” by reviewing the laws of self-determination...25 Jan A Response to David Sloss by Carlos Vázquez
law of the states-parties. Professor Sloss is entirely correct to note that seeking the answer to this question in the treaty itself is highly problematic. Although there is nothing in international law that prevents states from addressing that question in the treaty itself, the fact is that states almost never do so. Domestic officials take their cues from domestic law, and states have very different constitutional rules concerning the need for legislative implementation of treaties. In the U.K. and most nations of the British Commonwealth, treaties are never enforceable in...
13 Jul Intervention in Civil Wars Symposium: A Tour de Force on Intervention in Civil Wars by Chiara Redaelli
...Third, Chiara is right in criticizing negative equality by pointing out that “even cases below the civil war threshold can be fought in the name of self-determination” and “violent conflicts do not necessarily entail fights for self-determination” (page 96). But therein lies the real rub: civil wars are far too easily equated to non-international armed conflicts, which indeed fundamentally clashes with an orthodox interpretation of the right to self-determination. But rather than throw the baby out with the bath water, scholars should – as a starting point – harken back...17 Oct The ICTY’s Ongoing Attack on the Right of Self-Representation
Chamber must bе particularly attentive to its duty of ensuring that the trial bе fair” to self-represented defendants, “[а] defendant who decides to represent himself relinquishes many of the benefits associated with representation bу counsel.” Get that? One of the costs of self-representing is the right to have adequate time to prepare for trial. A more direct attack on a defendant’s right under Article 21(4)(d) of the ICTY Statute “to defend himself in person” is difficult to imagine. I recognize that the Completion Strategy puts enormous pressure on the Tribunal...