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Search: self-defense

29 Aug

...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...
29.08.12 | |

20 Apr

...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...
20.04.07 | |

28 Mar

...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...
28.03.23 | |

25 Jan

self-execution is a treaty interpretation question. Second, they have assumed that the modern doctrine of self-execution is essentially the same as the doctrine articulated by Chief Justice Marshall in his seminal opinion in Foster v. Neilson. The consensus view is wrong on both counts. Properly framed, the self-execution inquiry comprises two distinct questions. First, what does the treaty obligate the United States to do? This is a question of international law governed by treaty interpretation principles. Second, which government actors within the United States are responsible for domestic treaty implementation?...
25.01.12 | |

04 Dec

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...
04.12.15 | |

07 Jun

invoke the security exception in good faith, with a margin of discretion. A Member State may do so because of a fear of sanction, out of a sense of norm legitimacy, or because it is in its self-interest to do so. The Article concludes with brief reflections on why nations comply with the good faith obligation of a self-judging exception. Compliance with a self-judging rule offers useful insights into larger questions of why nations obey international law. Rational choice and normative theories best explain compliance with a self-judging international norm....
07.06.12 | |

15 Feb

...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...
15.02.17 | |

16 Oct

defense attorneys should hold Stewart “partly responsible” for her predicament. Her only “crime” was refusing to follow the Special Administrative Measures — the U.S. government’s Orwellian term for reserving to itself the right to monitor Stewart’s conversations with her client. Given that the the SAMs are specifically designed to undermine attorneys’ ability to zealously defend their clients (unless you think that defense attorneys are normally in the business of aiding and abetting terrorists), Stewart’s act of civil disobedience should be praised, not criticized — especially given that her act has...
16.10.06 | |

17 Mar

...domestic constitutional issue. The more interesting question involves implied immunity under the self-defense paradigm when laws of war are not applicable (as noted in my 19 J. Trans. L. & Pol'y article in 2009). If targeting is permissible under the law of self-defense (in time of peace or in time of war), it appears that general patterns of practice and opinio juris regarding such practices support an implied immunity for lawful self-defense targetings (no known prosecutions, etc.). This should also inform the domestic constitutional issue. Kevin Jon Heller John, The...
17.03.13 | |

16 Aug

...be limited to the range of situations in which self-defense has been recognized. I would be curious to see whether Afghan law or Canadian law includes this kind of self-defense, I doubt American law does that. As to self-defense in international law, my sense is that a civilian in this setting does not have that kind of self-defense unless they are in the levee en masse vision or there is something in customary international humanitarian law to which my attention has not been drawn. The extraterritorial application of a US...
16.08.10 | |

08 Aug

"genocide" Obama refers to might be related to a claim of collective self-defense. Moreover, Iraq can engage in self-defense against a non-state actor in this circ., and consent to collective self-defense, even if the armed attacks occur partly within Iraqi territory. See, e.g., http://ssrn.com/abstract=2459649 Another issue involves classification of the armed conflict within Iraq and parts of Syria. Jordan Obama's more recent statement that this will be a "long-term project" does not fit well with a self-defense justification. Therefore, collective self-defense with the consent of the Iraqi Govt. is a...
08.08.14 | |

12 Aug

...key question is “which people?” This has been at the heart of debates over what it means for a “people” to have a right of self-determination. My guess is that Medvedev believes that “people” refers to “South Ossetians” and that Saakashvili would say that it refers to “all the people of Georgia.” Unfortunately, international law has had a pretty hard time defining what a “people” is for the purposes of self-determination. As the Canadian Supreme Court put it (with admirable understatement) in the Secession of Quebec opinion, the meaning of...
12.08.08 | |