Search: self-defense
18 Apr Thoughts on the Ukraine Ad Hoc Self-Referral
by the ICC would challenge the legality of the self-referral in Ukraine’s domestic courts, litigation that could make it very difficult for ICC proceedings to go forward. Relatedly, I think it’s important to remind ourselves that Ukraine’s self-referral does not mean the OTP will open a formal investigation into the situation. Diane Amann writes today that the self-referral shows “Europe is on [the] ICC docket.” That’s true — but only in the formal sense. As Mark Kersten noted in February, Europe has been on the ICC docket for a long...
15 Aug Does the Establishment of Specialized Space Military Corps Ipso Facto Violate International Law?
impress a ‘non-first-use’ approach, the painful emphasis on the establishment of dominance hints at the non-self-defense exclusive nature of the USSF’s establishment. Section 14.10.3 of the US Law of War Manual further reaffirms that Article IV of the OST merely prohibits the placement of WMDs in full orbit, and not the placement of other space-based weapon systems. To this effect, it expressly cites anti-satellite laser weapons and other conventional weapons, which would include suborbital defensive systems such as the Terminal High Altitude Area Defense system, as not being subject to...07 Apr A Question About Targeted Killing
with Al Qaeda is no less incorrect when made by Obama than it was when made by Bush — anyone who used lethal force against a “terrorist,” CIA or US military, could be prosecuted for murder in a domestic court with jurisdiction over the crime. As Marko has pointed out, the US’s alternative claim of “self-defense” might prevent the state whose territory was the object of the attack from claiming that the US violated its sovereignty. But it would not provide the killer with a defense to a criminal charge....08 Feb The Iraqi Special Tribunal and the Right to a Fair Trial
fair-trial rights that are essentially similar to the ICCPR’s, including the right “[t]o have adequate time and facilities for the preparation of his defense and to communicate freely with counsel of his own choosing and to meet with him privately.” As Human Rights Watch has thoroughly documented, however, the IST has repeatedly undermined the rights of Saddam, his co-defendants, and the other “High Value Detainees” to a fair trial and an effective defense. First, between June, 2004, and December, 2004, when the IST became operational, U.S. investigators used Iraqi government...04 Apr Pentagon Fires Omar Khadr’s Defense Attorney
require zealous defense and advocacy, but specifically within the context of the legal adversary process. I can find no mandate to advocate on behalf of a client in the press, public relations, or politics. This is a particular problem when the client is a enemy in war who is dedicated to killing Americans. In court, he is entitled to the same zealous defense given any other client. Legally, the US is not required to give him anything more than a courtroom defense. In a civilian criminal trial, a lawyer may...
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...