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Search: self-defense

25 Apr

support of terrorism (as opposed to intentionally violating the SAMs, which we all agree Stewart did, including her). Moreover, I find your implication that we should have special, more punitive rules for defense attorneys in terrorism cases downright scary. As to your claim that "no one really thinks Stewart is a good lawyer," Patrick's response says it all. I can only add that I was a criminal defense attorney in Los Angeles for a number of years and have spoken personally to more than a dozen highly respected criminal defense...
25.04.07 | |

03 Nov

...it actually owes duty to making sure the trial is FAIR to ALL parties." 1. Does that statement not contradict itself? If it owes a duty to making the trial fair for all parties, does it not owe duty to each individual side? 2. If you REALLY want a fair trial as defined by a defense lawyer or even under most modern criminal codes, let's be blunt here: YOU AREN'T GETTING IT ANYWAY. At this level, no defense lawyer in the world would truly expect to do much more than...
03.11.09 | |

04 Nov

Recent news reports indicate that the Defense Department is negotiating with members of Congress over plans to augment its Defense Intelligence Agency with a Defense Clandestine Service with about 500 undercover officers. The previous proposal had called for about 1000 officers in the clandestine service, but that proposal was met with substantial criticism. This is a major development. There are multiple concerns. The first is money — running clandestine operations is not cheap. The second issue is reduplication. The Clandestine Service would be in addition to — and external to...
04.11.14 | |

12 Apr

...soldiers. The only limitations on Syria’s right of self-defence would be the usual ones: necessity and proportionality. Even more importantly, Russia would also be legally entitled to use force against the US. The right of collective self-defence is guaranteed by Art. 51 of the UN Charter and by customary international law. Just as the US invoked collective self-defence to justify attacking North Vietnam at South Vietnam’s request, Russia could invoke collective self-defence to justify attacking the US at Syria’s request. What is sauce for the American goose is sauce for...
12.04.18 | |

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 | |

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 | |

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 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 | |

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 | |

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 | |

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 | |