Search: self-defense
06 Mar Can Crimea Secede by Referendum?
...a right nor necessarily illegal. It is treated as a fact: a secession either was successful, it was not, or it is still being contested. There is, however, a right to self-determination, which is understood to be, for communities that are not colonies and are within existing states, meaningful political participation and the pursuit of economic, social and cultural development under the auspices of that existing state, in this case Ukraine. This conception of internal self-determination makes self-determination closely related to the respect of minority rights and it does not...04 May Breaking the Silence — About Israel’s Assault on Gaza
...co-belligerent that has refused to implement UN Security Council and General Assembly resolutions calling for the immediate and unconditional withdrawal of its armed forces from the occupied Arab territories. It has refused to permit the deployment of a NATO or other international peacekeeping force in the Palestinian territories as well. Nothing has really changed since 2003 when the ICJ advised that Israel had contributed to the creation of an illegal situation and that it can't rely on a right of self-defense or on a state of necessity in order to...10 Nov Is There Really a War on Terrorism Outside of Afghanistan? You Betcha!
...ad bellum issue does not arise, but there still might or might not be violations of the jus in bello. Syria certainly poses a jus ad bellum issue, but there the US justification might not be preemptive self-defense, but self-defense against an armed attack that was already committed by a non-state actor operating from Syrian territory, which Syria failed to prevent. In any case it is hard to say more about these events without knowing much, much more about the actual facts. Guneysu In addition to what Milan has written,...18 Sep Ransom and Material Support
...alternative action such as going to the police. They obviously did go to the authorities. So this is quite different from a traditional duress defense, where a defendant doesn't have time to do anything but the illegal act. Here, they went to the authorities and were told not to do the illegal act. SteveLaudig Could the hostage himself be prosecuted were he to pay a ransom. How does self defense and defense of others play in here? Perry Bechky Jens, I just noticed your post, just under the wire for...16 Apr Defense Perspectives on Law and Politics in International Criminal Trials: A Reply to Professor Heller
...of defense attorneys made statements such as “judges do not like political arguments” and “such arguments are generally useless.” This suggested to me that they decided not to make political arguments at least in part because they thought the arguments are not likely to be successful. I do agree that these comments do not provide a full explanation why defense attorneys refrain from political arguments, and I offered other explanations of the defense attorneys’ decision to do so –although these explanations were perhaps more tentative than I meant them to...
07 Apr The Role of Business in War: A Different Defense to Corporate Complicity? Part II: A Different Defense
[Maya Nirula is a dual-qualified international human rights lawyer with multi-jurisdictional experience consulting and litigating on issues of business and human rights] Recapitulation This is the second of a two-part series, the Role of Business in War. Part I: The Old Offense evaluated the interaction between International Humanitarian Law (IHL), International Human Rights Law (IHRL), and International Criminal law (ICL) in governing gross human rights abuses and corporate complicity. Part II: A Different Defense will examine a potential new defense to such complicity that requires businesses to integrate IHL and...14 Apr Why the Law of War Permits the U.S. to Detain and Try 16-Year-Olds Like Omar Khadr
John C. Dehn I have a question for those who claim national defense might be - in some circumstances - separate from armed conflict need not comply with the laws of war. I think Jordan Paust is in this camp (but do not wish to speak for him). I am uncertain the full extent of Ken Anderson's views on the applicability of IHL to acts of national self defense. The question is this: Can Omar Khadr successfully raise individual self defense or defense of others in response to a charge...20 Mar LJIL Symposium: From Nicaragua to R2P: Continuity and Change
...areas. Also, by July 2011 a significant number of countries had recognized the NTC as the legitimate representative of the Libyan people and the NTC thereafter effectively consented to NATO's use of armed force in their defense (collective self-defense) and for self-determination assistance against a regime engaged in ongoing armed attacks on Libyan civilians (and, therefore, in violation of self-determination -- e.g., 1970 Dec. Prin. I.L.). Therefore, NATO's use of force in Libya was permissible (1) within the S.C. mandate, and (2) as (a) collective self-defense, and (b) self-determination assistance....
24 Sep Too Little, Too Late? On the Meaning and Consequences of the Recognition of the State of Palestine
...in the OPT, including the Gaza Strip, has now been determined by the Court to be a violation of article 2(4) of the UN Charter, it qualifies as an aggression. One result of this is that the occupation cannot be justified by arguments of self-defence. Under international law, there is no self-defence justification for aggression, full stop. Quite the contrary. If any State enjoys a right of self-defence in this situation it is the State of Palestine, not Israel. Because Palestine enjoys an inherent right of self-defence and is the...