Search: self-defense
25 Mar Medellin v. Texas: Another Set of Early Thoughts
...not self-executing, although it might be a stretch to say it holds as much. The Chief’s majority opinion does strongly reject the dissenters’ opposite presumption, and that is important in itself. But keep in mind that the Chief carefully distinguishes between the different ways that treaties may or may not be self-executing. The Vienna Convention is plainly self-executing in that it binds the Houston police to give warnings without further implementing legislation, and it may be self-executing in the sense that individuals can assert violations on their own in court...
24 Jul Judge Mindua’s Separate Opinion in Al Hassan: International Humanitarian Law and the Right to Political, Legal and Cultural Self-Determination
...Mindua emphasises, was an exercise of the right of self-determination, which he describes as a pillar of international law [15]. In this way, Judge Mindua begins his analysis by focusing on a jus ad bellum in which the fight for self-determination is a legitimate and justified struggle. Judge Mindua then engages in a theoretical discussion about why non-state actors, such as Ansar Dine/AQIM, are subjects of international humanitarian law. Again, this theoretical question is not at issue in the case. The Prosecution only had to show that Ansar Dine/AQIM demonstrated...28 Sep A Treaty-Happy Senate?
...argument that the declarations actually constitute inadmissible reservations or are otherwise unacceptable). Second, from a U.S. law stand-point there’s the question of the Senate’s ability to make a declaration of self-execution, which I don’t think it has ever done before, at least not in the resolution of advice and consent itself (past SFRC reports have, of course, expressed opinions on whether the SFRC understood the treaty to be self-executing in one or more senses of that term, or otherwise dependent on ex-ante or ex-post legislation in some way). At a...10 Sep Rawlsian Justifications for Humanitarian Intervention
...is meant as an argument of opting into “fair” distributions, by means of ones own self-interest (The veil of ignorance aims to extend this self interest to an a-historical situation). Although in later work, Rawls does seem to make concessions to more Kantian and communitarian claims, self-interest remains a primary engine of the original position-construct. There also lies the key issue with which I’m struggling: universal appeal of anything, and thus also ius cogens, seems very far away from the Rawlsian distribution theory. It is rather assumed that there are...
02 Nov The Legality of a SADC Intervention in Cabo Delgado in the Absence of Mozambican Consent
...broad definition of such an attack, does not necessarily establish a basis for the use of force against a non-state actor. This assertion is based on three considerations. First, the term collective action in Article 6(1) likely refers to, at least in part, “collective self-defence” (discussed below). This is also directly established when considering that an armed attack may give rise to a right of collective self-defence; conversely, collective self-defence may be taken in in response to an armed attack. Second, arguments favoring Article 6(1) as a legal basis would...11 Jun An Open Letter to the Israeli Government Condemning Annexation [Final Update]
entitled to determine their political fate in accordance with the right to self-determination. Furthermore, this prohibition applies to all territories occupied by force, even if it is claimed that force was initially used in an act of self-defense. The West Bank was taken by force in 1967. It has been consistently recognized by the UN General Assembly, the UN Security Council, and the International Court of Justice as an occupied territory, in which the Palestinian people is entitled to fulfill its right to self-determination. This remains so even if bilateral...
23 Sep Statehood and Resistance: Scholars Reflect on the West’s Recognition of Palestine(‘s Existence)
...a radically disruptive act that sought to test the usefulness of international law in advancing the causes of anti-colonial self-determination. Yet, as Siba Grovogui explained, the dreams of post-colonial states are only permitted when they do not threaten entrenched hierarchies. In the case of Palestine, this has translated into four decades of European opposition to Palestinian self-determination. Europe’s belated recognition of Palestine will not alter the structuring logic of domination that continues to impede Palestinian freedom. On this occasion, three questions would be more useful and demand investigation and reflection....