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Search: self-defense

08 Aug

...leaders to prosecution as well as Chavez. But, of course, a state can only refer situations to the Court, as the text of Article 14 of the Rome Statute makes inordinately clear. So should the OTP treat the complaint as, in effect, a self-referral of the entire Colombian situation? If it does, can Colombia “un-self-refer” the situation? It seems like it should be able to do so, but we don’t let other self-referring states un-self-refer, no matter how much they might like to. The only difference between, say, Uganda and...
08.08.10 | |

17 Mar

four months. The Defense specifically questioned why the number of staff at the offices would increase with the implementation of videoconferencing. The Defense also noted that lower sunk costs would mean that if these calls could only be conducted at such infrequent intervals, then a longer call duration would mean lower sunk costs when a call is scheduled every four months. The Registry, in its response to the Defense motion, stated that for logistical reasons it would also prefer longer calls. The Registry proposal is at odds with current practices...
17.03.21 | |

05 Oct

[Lena Trabucco is a Research Assistant at the Centre for Military Studies at the University of Copenhagen. She is also a PhD candidate at Northwestern University and the University of Copenhagen.] On September 16, 2020, the US Defense Department (DoD) announced the launch of the AI Partnership for Defense – a multi-national partnership which will “engage military and defense organizations from more than 10 nations with a focus on incorporating ethical principles into the AI delivery pipeline,” according to Secretary Esper. Secretary Esper noted in his announcement: In February, we...
05.10.20 | |

05 Jun

...right of self-defense, and as Dave Glazier says above blockade runners don't have a right to resist being stopped from running the blockade, there is no right to self-defense that NATO can exersize. I'm sure there'll be lots of replies to this. And some of them may even be on point. Brian On a related note, if Erdogan himself, or Turkish naval vessels do try to break through the blockade, would that be considered a Turkish act of war against Israel? Benjamin Davis "There is NO right of self-defense against...
05.06.10 | |

16 Jan

..."If they are working toward a bomb, their killing seems morally justified under the most basic of human rights - the right to self-defense." I rather tend to agree with what Ramiah has to say on this point. But more broadly, this is a fundamentally self-interested perspective (again). If the US and Israel are permitted to self-interestedly violate Iran's territorial sovereignty, then what is to stop Iran from doing the same thing? A Mexican stand-off is far preferable to what happens after the first guy pulls the trigger (if you...
16.01.12 | |

16 Dec

...–largely political- problem of recognition of a contested territory, and the respect for the right to self-determination. The Court was satisfied that an agreement with Morocco did not imply EU recognition of title to disputed areas of territory. While the Court makes appropriate references to the relevant UN General Assembly, Security Council resolutions and ICJ decision concerning the Western Sahara, even making explicit reference to obligations under article 73 of the UN Charter, it stops short of discussing self-determination of the Saharawi people under international law. The Court cites a...
16.12.15 | |

14 Feb

itself. This “treaty supremacy” rule, Sloss notes, survived essentially unchallenged until the period immediately following World War II. However, early on, the federal courts adopted an interpretation of the Supremacy Clause according to which some treaties (denominated “non-self-executing”) were considered not to have effect unless legislatively implemented. As Sloss notes, the “non-self-execution” doctrine dates back to Chief Justice Marshall’s opinion in Foster v. Neilson (1829). Properly understood, however, this doctrine spoke only to the allocation of authority to implement treaties at the federal level, between the legislature and the executive,...
14.02.17 | |

05 Nov

...appoint counsel, who will begin immediately to prepare him or herself to represent the interests of the Accused when the trial resumes, if that should be required. Notwithstanding the appointment of counsel for this specific purpose, the Accused will continue to represent himself, including by dealing with the day-to-day matters that arise, such as the filing of motions and responses to motions filed by the Prosecution, and further preparing himself for the trial. 26. The Trial Chamber encourages the Accused to discuss his defence and co-operate fully with the appointed...
05.11.09 | |

19 Dec

the term "non self-executing" is often used carelessly and inconsistently, the fact remains, as I suspect you know, that the longstanding position of the Executive Branch (one clearly expressed by OLC in the Clinton Administration) is that non self-executing treaties are indeed without domestic legal effect. You may disagree with that view (I myself have my doubts about it), but it's not nearly so self-evidently false as your comment suggests. As for you main point, what we seem to have here are two, possibly conflicting, propositions: (1) Congress did not...
19.12.06 | |

21 Jul

of the pricing flexibility offered by self-publishing. (Notice that the author, not the publisher, gets to decide the appropriate price point for the book). For those interesting in self-publishing ebooks, CNET editor David Carnoy has a nice summary here. You can also self-publish paperback books with print-on-demand (POD) services. Carnoy’s summary of that process is here. BTW, what are the top-selling international relations books on Amazon right now? Two self-published ebooks by journalists, The Hunt for Bin Laden and The Instigators, both short Kindle Single edition books priced at $1.99....
21.07.11 | |

26 Nov

...self-defence of Iraq by a letter of 25 November 2014. The underlying considerations which justified collective self-defence of Iraq for UK activity in Syria in 2014 remain today. The collective self-defence of Iraq provides a clear legal basis for the UK to increase its contribution to the Coalition’s efforts against ISIL in Syria by taking direct military action itself, provided such activity meets the ongoing requirements of necessity and proportionality. ISIL’s threat to the UK and its attack on our Allies and partners The threat from ISIL continues to evolve...
26.11.15 | |

12 Sep

Jordan Response... Durand actually involved self-defense measures against a non-state actor maruading mob. See 19 J. Transnat'l L. & Pol'y 237, 245-46 (2010), available at http://ssrn.com/abstract=1701992 . Constitutionally, the President has the authority to faithfully execute international law on behalf of the United States with respect to such measures of self-defense and, as Justice Nelson remarked, "protection" (although it is interesting that Nelson dissented later in The Prize Cases). See also Constitutionality of U.S. Participation in the United Nations-Authorized War in Libya, 26 Emory Int'l L. Rev. 43 (2012), available...
12.09.12 | |