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Search: self-defense

02 Jun

...released; that is, it has already hijacked the aid in support of itself.). Certainly, it is relevant to determining whether there is authority to blockade the ports controlled by Hamas. 6. Even without Security Council Resolution 1373, the fact that Hamas uses the cargo for military use arguably makes it contraband, susceptible to seizure as prize under customary law, even without the existence of a state of maritime blockade. 7. Additionally, the more general self-defense rationale invoked by Harold Koh (thank you Ken Anderson) in favor of US targeted strikes...
02.06.10 | |

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 | |

04 Feb

...assistance’ to all UN activities, not just the Council [6]. Palestinian Self-Determination Finally, one of the significant points of the October 2025 Opinion relates to Palestinian’s right to self-determination, which formed the end-part of the question from the General Assembly. This builds on the jurisprudence on Palestinian self-determination that has been forming at the ICJ since the early 2000s, highlighted by Judge Xue in her separate Opinion [26]. The Palestinian right to self-determination was affirmed in the famous Wall case and the July 2024 Opinion was the first time self-determination...
04.02.26 | and |

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 | |

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 | |

07 Jun

attack on a US city. Pakistan somehow manages to get their hands on the CIA agent who piloted the drone and charges him with murder in a domestic Pakistani court. What is the role of self-defense in that prosecution? Does it divest the court of jurisdiction? Is it an affirmative defense? And who invokes it — the CIA agent? The US government? Scenario 2: The CIA kills Mephistopheles in Pakistan using a drone, because the Pakistani military is either unwilling or unable to prevent him from carrying out his dirty-bomb...
07.06.10 | |

05 Mar

Mihai Martoiu Ticu As long as I can't sue U.S. in any international court for killing me, killing me remains illegal. JordanPaust Response... As we thought, self-defense targeting and law of war principles; but the Administration still believes that the U.S. can be at "war" with a mere terrorist organization that does not even reach the status of an "insurgency," much less a "belligerency" under international law. As noted in my article on Self-Defense Targeting, the U.S. does not need to use the war paradigm when the self-defense paradigm is...
05.03.12 | |

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 | |