Search: self-defense
31 Mar Bad Criminal Law in the Alexander Blackman Case (With Addendum)
...deployments, similar emotions had been controlled by him. The appellant’s decision to kill was probably impulsive and the adjustment disorder had led to an abnormality of mental functioning that substantially impaired his ability to exercise self-control. In our judgement the adjustment disorder from which he was suffering at the time also impaired his ability to exercise self-control. Third, and finally, CMAC concluded (para. 114) that because Blackman could not form a rational judgment at the time of the killing as a result of his adjustment disorder, he was entitled to...
14 Feb Symposium on Rewriting Histories of the Use of Force: On “Unproblematic Eurocentrism” and the Rewriting of International Law
...Let me start with the most obvious. Dr. Verdebout herself admits that “this material remains, all in all, rather ‘western’”, but addresses this possible line of critique by noting that such Eurocentrism “is not really problematic in the context of this research, as the aim is to examine a narrative that has itself been built on ‘eurocentric’ premises”. I would like to offer some pushback on this conclusion. The idea that “international law”, as a system, particularly in the 19th century, was a Eurocentric creation that irradiated from a metropolitan,...25 Mar Medellin v. Texas: “Modest and Fairly Careful”
decision implies an automatic assignment to the judiciary of the authority to ensure that the commitment is honored. • Although the opinion is limited in the sense that it does not offer a general rule for inferring self-executing from treaties, its dicta states strong views (it might be too strong to say it disposes of) concerning several controversies that the academic community has taken seriously. (a) The Court understands self-execution to refer to all forms of domestic enforcement, not just to the existence of a private right of action. Its...
01 Nov Third Annual Symposium on Pop Culture and International Law: “Guns for Hire” – Mandalorians’ “Status” in the Star Wars Universe
...to mercenaries and is applicable in international armed conflicts (IAC), non-international ones (NIAC) – and beyond. For instance, should the self-defense services demanded by Plazir-15 include fighting in an armed conflict and should Mandalorians not be incorporated in the armed forces of the planet, Plazir-15 and its officials would be in violation of international law. Mandalorians would also be at risk of being prosecuted domestically, as the Convention equally criminalizes the participation of individuals to armed conflicts as mercenaries. The main Mandalorian’s mission in the series, interesting for the potential...19 Sep John Yoo’s Defense of the NSA Program
I stand behind my description of Yoo, but Julian’s thoughtful post deserves a less facile response. So let’s consider Yoo’s claim about Clinton’s violation of the War Powers Act. Here is Julian’s explanation of why Yoo’s attack on Clinton is not inconsistent with his defense of Bush: His complaint about Clinton’s violation of the War Powers Act is that Clinton didn’t bother to claim that the War Powers Act is unconstitutional (in fact, according to Yoo, Clinton actually accepted the legality of the War Powers Act). Instead, Clinton simply violated...20 May Dave Glazier on the Wall Street Journal on Gitmo Defense Attorneys
Over at National Security Advisors, our colleague Dave Glazier has a superb post on whether the Gitmo defense attorneys are responsible for the ills of the military commissions, as the Wall Street Journal‘s far-right editorial page seems to believe. Here’s the intro: The Wall Street Journal published a scathing editorial today blasting the military and civilian defense attorneys it portrays as unreasonably obstructing the capital military commission prosecutions of high value terrorists, including alleged 9/11 mastermind Khalid Sheikh Mohammed (KSM). It is not surprising that a paper noted for its...19 Jan Will Bond v. United States Matter?
...argues here). Having said all that, a favorable decision for the petitioners in Bond could still have a practical impact by reviving that almost extinct constitutional creature: the self-executing treaty. The President and Senate, at least in the past few decades, have very rarely approved self-executing treaties outside of a few subject matter areas (like taxes, extradition, and investment). Big important treaties, such as human rights treaties, have generally been approved on the condition they are non-self-executing. (Go ahead, name the most important self-executing treaty of the past thirty years....