Search: self-defense
11 Sep Is it Legal? No.
collective self-defense process (self-determination and self-determination assistance, if not also collective self-defense, would be more relevant with respect to the Free Syrian Army). Jordan p.s. I note that there is a significant difference between declaring war and launching it in terms of the allocation of constitutional power. By the way, Bush was at "war" with "terror" but Obama declared that we are at "war" with al Qaeda (even though a declaration of war is an exclusive congressional power in view of consistent U.S. cases regarding a "declaration" as such). p.s.p.s....13 Jan The Israeli Defense Force’s Legal Defense — in Video
So this video is obviously intended to defend the actions of the Israeli Defense Forces during their action in Gaza. But it is fascinating in terms of its footage of precise IDF bombings, and its provision by provision discussion of certain relevant provisions of the Geneva Conventions. Obviously, it is a piece of advocacy, but it is effective. Anyone have a link to a video defending Hamas’ actions under international law? (Thanks to Eugene Kontorovich for the link)...16 Jan The Military Commission: An Inauspicious beginning for a"Full and Fair " Process
be detailed to the case. Only after relentless assertions of this position did the Presiding Officer finally relent, but only after subjecting the defense counsel to extensive criticism. In the case of al Bahlul, the Commission rejected his request to represent himself and ordered his detailed military defense counsel to continue to perform in that capacity (which itself raises significant ethical concerns). This ironically inverse application of the customary standards related to selection of counsel raises serious questions about just how “full and fair” this process can be. It also...15 May Bemba, et al. Sentencing Decision: A Victory with a Bitter Taste
...of causing fourteen Defense witnesses to falsely testify in the ICC war crimes trial against a former DRC vice-president Jean-Pierre Bemba Gombo (the “Main Case”). Judges found that the co-conspirators used fake testimony in order to have Bemba acquitted in the Main Case.. They consciously retained as witnesses people who had no knowledge of the facts relevant to Bemba’s trial and then scripted their evidence, including after they had been sworn in. Narcisse Arido, Defense intermediary in the Main Case, who was convicted as perpetrator of corruptly influencing four Defense...03 Sep U.S. Soldiers Could Face the Death Penalty — Unfortunately
...an al-Qaida training camp. Hunsaker told investigators that he and Clagett were attacked by the three men, who were being handcuffed, and shot them in self-defense. Clagett said he was hit in the face, and Hunsaker claimed he was stabbed during the attack. Prosecutors argue the soldiers conspired to kill the men and then altered the scene to fit their story. They contend Girouard stabbed Hunsaker as part of the killing plot. Clagett, Girouard and Hunsaker also are accused of threatening to kill another soldier who witnessed the slayings. Girouard,...
07 Feb ICC and Palestine Symposium: ‘Imprisoning’ Self-Determination–The Israeli Military Law Enforcement System in the West Bank and Its Relevance for the ICC
...to self-determination. However, the OTP does not mention the institutional branch of the Israeli occupation which has prevented Palestinians from exercising fundamental implications of their right to self-determination, i.e. the Israeli military law enforcement system established in 1967. This system appears to present ineludible profiles of relevance for the ICC’s assessment of the situation in Palestine, included the likely large-scale perpetration of specific international crimes which the OTP request, unconvincingly, only considers as potentially committed by Palestinian armed groups. The ‘Draconian’ Law of the Military Courts The Military Courts’ system...
22 Oct Law, Narrative, War and Revolution
the Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory of the International Court of Justice (ICJ), Israel invoked the right to self-defence under the UN Charter and the provisions of UNSC Resolutions 1368 (2001) and 1373 (2001) issued in response to the attack on 9/11 in order to argue it had a right to defend itself against terrorist attacks waged by non-state actors. A quick reading of these resolutions will show, however, that they have not established new norms that extend...17 Nov Non-self-executing Treaties and Reverse Preemption
...indication of congressional intent to permit state law to preempt implemented, non-self-executing treaty provisions but not to preempt self-executing treaty provisions…. Because here the Convention, an implemented treaty, rather than the Convention Act, supersedes state law, the McCarran-Ferguson Act’s provision that “no Act of Congress” shall be construed to supersede state law regulating the business of insurance is inapplicable…. We find no indication from the text of the McCarran-Ferguson Act that Congress intended to signal a distinction between self-executing and non-self-executing-but-implemented treaties in the McCarran-Ferguson’s reverse-preemption clause. In other words,...
18 Aug Dangerous Opportunity: Recognizing Somaliland – and New Realities
...to the autonomous province of Kosovo). And as a former colony and (briefly) de jure independent state, Somaliland’s claim to be a self-determining unit with a right to independence is about as strong as one could make. The postwar interpretation of external self-determination as a right to be free of colonial or alien rule or foreign occupation is extraordinarily narrow, but might plausibly apply to Somaliland. (Even if one argued that that original right of self-determination had been ‘perfected’ in the Somali union, that wouldn’t be stand against a claim...
24 Jan International Law’s Invisible Frames Symposium: A Call for Critical Self-Reflection
...ontologies, perhaps an analogy can be made between the Self and the collective, or ‘the Others’. The Self may be distinct, but it is part of the whole. Therefore, as mentioned above, I interpret Bianchi and Moshe’s call to ‘unlearn, understand and unveil’ as an invitation to critical self-reflection, where one must first question one’s assumptions rather than take them from granted. If exercising international law requires us to crop out parts of the bigger picture, we should ask what it is we are not seeing or not allowing ourselves...