Search: self-defense
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...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...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...06 Nov President-Elect Obama on International Law
...trade and non-proliferation as well. Finally, I found Obama’s response particularly interesting with respect to the use of force, where he lays out a traditional articulation of the U.S. right to self-defense plus a preference for multilateral action in other circumstances: I will not hesitate to use force, unilaterally if necessary, to protect the American people or our vital interests whenever we are attacked or imminently threatened. . . . There are some circumstances beyond self-defense in which I would be prepared to consider using force, for example to participate...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....11 Mar Bradley Book Symposium: David Moore comments on Treaties
over treaty self-execution. Bradley discusses scenarios in which the constitutional separation of powers renders treaties non-self-executing. But at the core of the debate over non-self-execution are differing perspectives on the meaning of the Supremacy Clause. As I have discussed elsewhere, those who favor self-execution point first to the Supremacy Clause in support of their position. Those who see more room for non-self-execution do not find the Supremacy Clause dispositive. The majority in Medellín v. Texas took the latter position, endorsing a broad notion of non-self-execution. The dissent, reling heavily on...