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Search: self-defense

01 Jun

...this site: If Israel is in an actual armed conflict in which Hamas is an adversary, then it is also entitled to maintain a blockade, and stop vessels suspected of being blockade runners at whatever distance the blockading nation deems military feasible. Again, there is no right of self-defense on the part of a blockade runner, resistance making the vessel liable to being attacked/sunk rather than merely captured. Which in terms of your observation, there is a legal right to do X, but no legal right to resist X in...
01.06.10 | |

18 Nov

...rarely encountered in war. What if the would-be defender was guilty himself of posing a threat? The likeliest case in war is that the combatant supposedly exercising self-defense at the same time poses a threat to his attacker. Normally, in this case we decide who actually has a right to self-defense by making a judgement about the difference in moral status. That the victim of an assault uses force to fight back does not give her attacker a moral right to defend himself. If we refuse to take moral status...
18.11.13 | |

21 May

...over the past several years. Influenced by the changing nature of defense and security (including examples such as US disengagement from Europe and Russia’s military assertiveness), the growing interest from individual countries and the emergence of collaborative projects like those mentioned above, Europe will likely see further drone proliferation in the coming years. Outlined in its 2016 EU Global Strategy Document, Europe is seeking a more strategic approach to security and autonomy. Part of this plan includes bolstering defense cooperation amongst member states and investing in defense industries. Two of...
21.05.21 | |

24 Sep

expressed and expanded upon this view in several key strategic documents such as the 2013 “White Book on Defense and National Security” (Livre blanc sur la défense et la sécurité nationale), the 2017 “International Cyber Strategy” (Stratégie internationale de la France pour le numérique) and the 2018 “Strategic Review of Cyberdefense” (Revue stratégique de cyberdéfense) as well as two major speeches by Jean-Yves Le Drian, the then minister of defense (and later of foreign affairs), of 12 December 2016 in Bruz and 15 December 2017 in Aix-en-Provence. The new document...
24.09.19 | |

26 Apr

...control” is absent. Security Considerations and Right to Re-enter Gaza The United Nations Charter (Art. 51) guarantees states the right to self-defense against armed attacks by state and non-state actors, and the Security Council affirmed that right after the attacks of September 11, 2001, encouraging states to combat terrorist acts which threaten international peace and security. Israel’s actions in self-defense reflect U.N. standards, and are reflected in the Agreements which grant Israel authority over its external security. The right to re-enter for security reasons is a common reservation made by...
26.04.12 | |

20 Jul

...Such assistance would dramatically expand the military-industrial resources available to Russia and thus substantially improve its prospects for defeating Ukraine. Effective self-defense against indirect aggression may therefore require targeting the aggressor coalition’s military-industrial center of gravity by employing armed force against the indirect aggressor. For example, in 1972 the United States interdicted Soviet-North Vietnamese sea lines of communication by mining North Vietnamese harbors against Soviet shipping. Critically, such actions are far more likely to be viewed as lawful elements of a “war of self-defense” if it is recognized that a...
20.07.22 | |

14 Jul

Related to Ken’s earlier post, Amos Guiora has a piece up at Foreign Policy describing the legal analysis he applied when advising the Israeli Defense Forces on targeted killings of terrorists. He argues that international law permits targeted killing when certain conditions are met: The decision to use targeted killing of terrorists is based on an expansive articulation of the concept of pre-emptive self defense, intelligence information, and an analysis regarding policy effectiveness. According to Article 51 of the U.N. Charter, a nation state can respond to an armed attack....
14.07.09 | |

12 Mar

...them unless and until Congress adopts implementing legislation. This is desirable, he writes, because it ensures that international decisions and orders are subject to “the filter of the U.S. democratic process.” (p. 134) Professor Bradley reports that some commentators—himself included—have therefore endorsed a presumption that the orders and decisions of international institutions are not self-executing. When the decisions and orders of international institutions are not self-executing, Congress’s participation becomes essential if the United States is to comply with its international obligations. But can we count on Congress to fulfill this...
12.03.13 | |

01 Apr

...independence under the “sacred trust of civilisation” and its right to self-determination under the UN Charter”. However, Palestinian self-determination cannot negate Israel’s territorial claims or the principle of territorial integrity; at most they imply the existence of competing claims which must be addressed in a final resolution. Of course, the existence of self-determination rights does not dictate the precise territorial scope in which they can be exercised [nor does it mandate a separate state; see Reference re Secession of Quebec]. A conflicting Palestinian right would not necessarily detract from Israeli...
01.04.24 | |

17 Feb

...in international affairs might prefer such a constitutional design. However, Professor Stewart is certainly not in that camp, nor were the Founders. Third, one modern permutation of self-execution doctrine—the “no judicial enforcement” doctrine—allows state governments to impose sanctions on a criminal defendant in violation of supreme federal (treaty) law, without addressing the merits of defendant’s treaty-based defense. The Fourteenth Amendment Due Process Clause guarantees every state criminal defendant an opportunity to be heard on the merits of a federal defense to state criminal charges. Therefore, as I contend in Chapter...
17.02.17 | |

30 Aug

...avoid the questions of territorial sovereignty. Self-determination does not answer the question of the geographical unit in which it is exercised. Armenians, for example, do not principally have a preexisting sovereignty claim to Nagorno-Karabakh. Rather, they see Armenian control as an exercise of the self-determination of the Karabakh population. Similarly, Russia justifies its occupation not on prior title but on the self-determination of the Crimean population. International law rejects this argument, and regards Armenian control as an occupation, because the standard lines in which self-determination is exercised is the preexisting...
30.08.17 | |

27 Dec

...Finally, I suggest one recent law review article that considers one of the most important areas of technological innovation: self-replicating technology. But my St. John’s colleague Jeremy Sheff looks at a self-replicating technology that is already here and ubiquitous: the seed. Here’s the abstract: Self-replicating technologies pose a challenge to the legal regimes we ordinarily rely on to promote a balance between innovation and competition. This article examines recent efforts by the federal courts to deal with the leading edge of this policy challenge in cases involving the quintessential self-replicating...
27.12.12 | |