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Search: self-defense

22 Oct

the defense with redactions. 3 of the 173 documents cannot be disclosed to the defense, directly or indirectly. And here is the breakdown of the NGO documents: None of the 55 documents can be disclosed to the defense in unredacted form. 53 of the 55 documents can be disclosed to the defense in redacted or summarized form. 2 of the 55 documents cannot be disclosed to the defense in any form. As this point, we have no way to know whether letting the Trial Chamber review all of the documents...
22.10.08 | |

31 Dec

...the “National Defense Authorization Act for Fiscal Year 2012.” I have signed the Act chiefly because it authorizes funding for the defense of the United States and its interests abroad, crucial services for service members and their families, and vital national security programs that must be renewed. In hundreds of separate sections totaling over 500 pages, the Act also contains critical Administration initiatives to control the spiraling health care costs of the Department of Defense (DoD), to develop counterterrorism initiatives abroad, to build the security capacity of key partners, to...
31.12.11 | |

08 Oct

...of chemical weapons. Koh argues in favor of a new ‘affirmative defense to Article 2 (4)’ of the United Nations Charter which would allow the ‘lawful threat of limited military intervention’ to counter ‘a deliberate large-scale chemical weapons attack’. He regards Syria as a ‘lawmaking moment’ that should be used to clarify ‘the contours of an emerging exception to a rigid rule’. This argument is based on a number of claims and assumptions that merit reconsideration. One may easily concur that the law on the use of force contains ‘grey...
08.10.13 | |

06 Jul

One of the ways to heighten student and faculty interest in international, comparative and cross-cultural legal issues is to examine those issues through the lens of traditional domestic topics. Nothing seems more “local” than criminal defense. The newly published Second Edition of “Cultural Issues in Criminal Defense,” edited by Linda Friedman Ramirez, an attorney in Florida, should put that assumption of locality to rest. The book is an off-the-shelf guide for practitioners, which the publisher describes as follows: Cultural Issues in Criminal Defense is an indispensable book for the criminal...
06.07.07 | |

02 Mar

...think anything that has occurred in Ukraine rises to the point of Russia have a claim to Article 51 self-defense, but at this point, this isn’t about adjudicating claims, the Russian strategy is about misdirection and wrapping what it does do in a mantle of (seeming) legality. Well, not so much a mantle as a fig leaf. Consequently, given the centrality of the norm of non-intervention, the self-defense argument sounds weak to my ears. But consider how the situation in Ukraine is being reported by the Russian-government funded news source,...
02.03.14 | |

05 Jun

JordanPaust Response... If the law of war paradigm does not apply, one is not locked into a law enforcement paradigm because there might also be a right of self-defense under UN art. 51 == the self-defense paradigm. Since the U.S. cannot be in an armed conflict with al Qaeda as such, this is an important point. My article on self-defense targetings made these points. Further, there have been influences of jus ad and jus in vis a vis each other and since similar general principles pertain (reasonable necessity, distinction, proportionality),...
05.06.12 | |

28 Jun

...Article II authority to act in defense of U.S. facilities and troops overseas without first waiting for congressional authorization, a necessary extension of the President’s power (on which there is near uniform agreement) to “repel sudden attacks.” As relevant here, this authority should be understood to extend to the defense of certain organized third parties (whether a state like Britain or our allied non-state Syrian Democratic Forces) operating (as Bobby Chesney puts it) “in close coordination with the U.S. military in a combat setting.” In such a situation, I take...
28.06.17 | |

18 Mar

their defense suitable to their conditions and as allowed by law.” Now do you think the term “suitable to their conditions” limited the number of people who had access to arms for self-defense? MR. GURA: It was in England, but that was criticized by the framers. St. George Tucker’s edition of Blackstone – JUSTICE STEVENS: So you think that the Second Amendment is a departure from the provision in the Declaration of Rights in England? MR. GURA: It’s quite clearly an expansion upon it. JUSTICE STEVENS: So that’s not really...
18.03.08 | |

02 Mar

Int'l L.J. 533, 545-47 (2002). How about collective self-defense at the request of a new regime in parts of Libya and/or self-determination assistance? See id. at 547-48. Jordan Response... of course, I meant "Arab" League -- can't always type correctly Kenneth Response... See resolution 688 (1991) and following no-fly zone over Iraq to protect Kurds and Southern Iraq against Saddam Hussein, because of ensuing humanitarian situation. Perhaps no firm legal basis, but considered legitimate with some legal backing. Jordan Response... Yes, that was an implied authorization for the no fly...
02.03.11 | |

22 Feb

...violated the self-determination of Palestinian people: “[t]he weak point of our position of course”, he said in 1919, “is that in the case of Palestine we deliberately and rightly decline to accept the principle of self-determination” (Quigley, p. 75). Much has been written about the purported illegality of the Mandate of Palestine, given how its Balfour commitments directly contradicted Article 22 of the Covenant, denying the mandated population self-determination and betraying the Covenant’s obligation to administer the territory for the “well-being and development” of its inhabitants. In 2007, James Crawford...
22.02.24 | |

25 Mar

...analysis, which seems fairly sensible and reasonable. It is not overreaching, since it makes clear that there are indeed treaties that are self-executing, and international court judgments that could be self-executing (just not these ones). The most important part of the Court’s opinion deals with self-execution, since its analysis there is the key the rest of the decision. And I don’t think it creates a “presumption” against self-execution, even against self-executing international court judgments (even though it perhaps ought to). But that is a subject of deep complexity, which I...
25.03.08 | |

24 Sep

...independence in 1991 were incompatible with the jus cogens rule of self-determination. If yes, then in her opinion, international recognition of Ukraine’s borders could not remedy that defect. While a sensible attempt to rationalize her Russian colleagues’ sentiments, I wonder how far this argument would bring them. First, it is not obvious that self-determination of the Crimea’s “nation” (if at all existent) would require Russia and Ukraine to permit them to choose their new homeland upon the breakdown of the USSR, as opposed to granting Crimea autonomy within Ukraine. Second,...
24.09.14 | |