Search: self-defense
07 Mar The Elephant in the Room: Invoking and Exercising the Right of Collective Self-Defence in Support of Ukraine against Russian Aggression
...of self-defence (Nuclear Weapons advisory opinion, paras. 97 and 105, (2) E; and this is so, however wrong the Court’s conflation of the jus ad bellum and jus in bello may have been). To put it in other words, if Western States were to invoke collective self-defence in support of Ukraine, they would have little choice but to activate their policy of deterrence (Nuclear Weapons advisory opinion, para. 96), resurrect the peril of M.A.D. (Mutually Assured Destruction), and counter the Russian threats in kind. This is a tall order for...25 Jun The CIA and the Public Authority Justification: A Response to Orr
...right to self-defense is available against non-State actors, such as terrorist groups…if there is an actual or threatened ‘armed attack’ by the non-State actor.” In exercising the right of self-defense, the State may use force against a non-State actor, constrained by the principles of necessity and proportionality, within the territory of another State so long as force is directed against that actor and not another State, even in certain circumstances before an armed attack has occurred if the State has “no choice of means” to protect itself short of the...10 Dec Moreno-Ocampo Needs a Remedial Criminal Law Course
...with passwords, and simply give up, the public rating . You can't have them both !! You can't cut, and leave intact ! This is , an illegal discrimination . In many states, it is, a criminal offense, and civil tort. [Comment edited as per forum guidelines] Leave my comments , and others , as they are , you don't have any right !! Kevin Jon Heller First el roam claims that "self-defense... is a sort of jus cogens." Now he claims self-defense "has got nothing to do, neither with...29 May Just One Question…
...part 1, pp. 13, 70; D.W. Greig, 'Self-Defence and the Security Council: What Does Article 51 Require?', ICLQ 40 (1991), pp. 366, 392-3; L. van den Hole, 'Anticipatory Self-Defense under International Law', American University International Law Review 19 (2003), pp. 69, 104; S.D. Murphy, 'The Doctrine of Preemptive Self-Defense', Villanova Law Review 50 (2005), pp. 699, 735] The important point, then, is not that the guns are silent, but whether they are likely to remain so for the foreseeable future. Reactive self-defense therefore has a limited aspect of preventive action...29 Aug Author of “No Easy Day” Admits to Committing a War Crime
...would not be difficult to conclude "unable." Moreover, the self-defense paradigm is different than the law of war paradigm, although in the case of a migrated de facto theatre of war in parts of Pakistan the U.S. can claim (and has, e.g., Harold Koh) that both apply there. Additionally, al Qaeda had continued to attack U.S. soldiers in parts of Afghanistan. Therefore, there was a continual process of armed attacks by the non-state actor that allowed self-defense responsive action. Bin Laden was still involved with planning and approving attacks on...20 Apr The VCCR and Ineffective Assistance of Counsel
...with defense counsel. Attorneys working on Mexico’s behalf were in contact with defense counsel in the summer of 2002, offering, among other things, sample motions to seek court funds for experts and other services, including a mitigation investigation. ¶ 49 Despite the voluminous evidentiary hearing, and testimony from all three defense attorneys involved in the case, the actual defense strategy with regard to mitigation remains elusive to us. Several conflicting explanations were offered: (1) that defense counsel did not know the court could be petitioned to provide additional funds for...04 Dec On the Legitimacy of the Settlements: A Legal and Historical Perspective
between the river and the sea (that is the land of the Nabi Musa Festival referred to in Ottoman correspondences as "Arz-i Filastin"), and many others referring to a land beyond the river. Nahum Sokolov himself wrote: "the land of Canaan, from the Mediterranean Sea to the Jordan, and from Sidon to Gaza in the south-west, and to the Dead Sea in the southeast" * Bottom line: I strongly believe that Israel has the full right to exist, prosper and difend itself against any attack: the world would be a...15 Feb Treaties in Constitutional Time
...worked out the contours of self-execution doctrine in terms remarkably similar to those that Marshall would later use in Foster. Their views represented a compromise between the hard line federalist and hard line republican positions that characterized earlier debates. They also linked self-execution doctrine to the last in time rule, as a way of preserving congressional power against the necessary effects of self-executing treaties. The opinion in Foster and the Court’s subsequent last-in-time opinions follow these positions. (Contrast the effort of the Third Restatement of Foreign Relations Law to weaken...
08 Dec Symposium on Forensic and Counter-Forensic Approaches to International Law: The New Geometries of International Law – Deploying Self-Reflexive Inquiry to Re-Build the Discipline
...of a human vision grounded in contextual awareness. We still need people to establish relevance, structure meaning, and exercise systemic sensitivity. The Self-reflexive Inquiry Method in a Nutshell Both projects – Cartography of Genocide andAnatomy of Genocide –are excellent examples of an intuitive application of the self-reflexive inquiry method grounded in aesthetics, discussed in detail in the last chapter of my recent monograph Art, Aesthetics and International Justice. The purpose of this method is to facilitate deeper engagement with the core assumptions in the field of international justice by focusing...