Search: self-defense
26 Aug ‘As Rapidly as Possible’: What Exactly did the ICJ say Israel Must do?
...joint opinion what they view as the proper place for peace negotiations in bringing an occupation to an end: We also recognize that once a State has exercised its right of self-defense and, as a result, has occupied territory that is not its own, a reasonable period should be available for an occupying State to assess the situation on the ground and . . . to negotiate, in good faith, an arrangement laying down the conditions for a complete withdrawal in exchange for security guarantees; and, eventually, to organize an...03 Mar The Crimea, Compliance, and the Constraint of International Law
...a consensual vocabulary and grammar for how states talk about international relations. In short, how we talk about terms like “self-defense” can affect legal substance of what “self-defense” is. Legal rhetoric can frame policy options. While Eric and Julian focused on the inability of international law to stop Russia from sending troops into Crimea, it is important to keep in mind that the use of force issue is embedded in a much bigger dialogue about the future of Ukraine. It is an argument over self-determination: Ukraine’s and Crimea’s. It is...
19 Aug To Recognize or Not to Recognize – is That Really the Question? On State Recognition Amid Genocide
...the Palestinian people’s right to establish their own state and would reaffirm Palestine’s sovereignty, including its rights to territorial integrity and political independence, as protected by customary international legal norms. Under Article 51 of the UN Charter, States have an inherent right to individual or collective self-defense in the event of an armed attack. While a people under occupation also have the right to resist foreign occupation, the rules of individual and collective self-defense are more well-developed. The State of Palestine may be able to call upon other recognizing States...
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...
28 Mar Kosovo-Serbia Agreement on the Normalisation of Relations: Not Signed but Binding, Not Formally on Recognition but with Clear Elements of Implicit Recognition
...Marc Weller notes, “they accepted that there would remain differences in their interpretation of their respective legal status. However, they also agreed to what amounted to de facto recognition.” (ii) Association of Serb Majority Municipalities While the above speaks mostly about obligations that Serbia undertakes under the agreement, Article 7 obliges Kosovo to “ensure an appropriate level of self-management for the Serbian community in Kosovo”. Although these commitments were supposed to be elaborated further in the Implementation Plan, it remains unclear what constitutes “self-management” and even more so what is...