Search: self-defense
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)...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...
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...
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...
09 Oct Rethinking International Law After Gaza Symposium: The Double-Edged Sword of Humanitarianism – UNRWA and Struggle for Palestinian Agency in the Colonial Context
...that Palestinians remain passive victims—recipients of international humanitarian aid and obedient to donor requirements to continue benefiting from UNRWA’s assistance. In exchange for food, they were expected to surrender any political agency for their liberation from colonisation. The “humanitarian administration” was designed as part of the benevolent colonial legal framework that prevented Palestinian self-determination. As Palestinians often say, “the UN gave Palestine to Israel and UNRWA to Palestinians”. Nevertheless, UNRWA has transformed from this original design into a platform where Palestinians can assert some political agency for return and self-determination,...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,...