Search: self-defense
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...
01 Aug The Erosion of Authority: The IAEA, Preemptive Attacks, and the Nuclear Dilemma in a Fragmented World
...notion of imminence is a key element here and is historically linked to the Caroline incident in 1837, which established the standard of “a necessity of self-defence, instant, overwhelming, leaving no choice of means, and no moment for deliberation.” It must bear in mind that, at that time of Caroline incident, there was no explicit prohibition on the use of force under international law. However, applying this 19th-century standard to modern pre-emptive scenarios presents significant interpretive challenges. The constitutive components of pre-emptive self-defence doctrine rest on two primary pillars derived...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...22 Dec Could Palestine Self-Refer Only the Situation in the West Bank?
the situation underlying a state’s self-referral is more important than the specific parameters of the referral itself. As long as there is a sufficient nexus between a particular crime and the facts that motivated the state to refer the situation in question, the Court has jurisdiction over that crime. I don’t want to push that interpretation too strongly. The PTC’s comment regarding territorial jurisdiction was dicta, given how it construed the DRC’s self-referral. But the rationale is the same for both temporal and territorial jurisdiction: states should not be able...