Search: self-defense
11 Oct Rethinking International Law After Gaza Symposium: Unlawful Occupation as Ongoing Aggression – Rethinking Legal Responses in the Context of Palestine
...Self-Determination: The occupation must deny or obstruct the right to self-determination of the people under occupation. Hostile and Unprovoked Nature: The scale and severity of the ongoing presence in the occupied territory are both hostile and unprovoked, marked by, for instance, claims of a permanent foreign occupation, widespread loss of life, extensive destruction of property, or the displacement of vast numbers of refugees. These conditions are clearly fulfilled in the case of Israel’s occupation of Palestine, since its inception and perhaps now more than ever. The ICJ’s advisory opinion recognised...08 Mar David John Frank Responds to James Hathaway & Jason Pobjoy
is not to disregard the obvious differences between LGBT asylum claims and self-repression. Asylum rights are enabling. Self-repression is disabling. Asylum rights are public matters. Self-repression is a private matter. And so on. All of this is important to spell out because it describes the world as we know it and the world as we believe it should be. In articulating the assumptions that allow us to justify LGBT asylum claims in terms of the traumatic consequences of self-repression, we specify the conditions under which such a justification makes sense...
25 Mar Uniting for Justice: Group Referrals to the International Criminal Court
...referral, can be grouped in three categories: 1) State Party self-referral; 2) single State Party referral and 3) group/collective State Party referral. The last two of them can be termed as “third State Party referrals”. Self-referral takes place when a State Party itself refers alleged crimes committed on its territory or by its nationals to the Prosecutor. Self-referrals has emerged as the major way to seize the Court. Interestingly, drafters of the Rome Statute shared an assumption that self-referrals would be an exception (for an opposite view, see Robinson, 2011)....
30 Jul The Justiciability of the Precautionary Principle in the Tagaeri and Taromenane et al. v. Ecuador before the Inter-American Court of Human Rights
...account their way of life and the potential impact on it. The IACtHR underscored the inextricable link between the Tagaeri and Taromenane’s territory and their survival as ecosystemic peoples. Their right to collective property, self-determination, and autonomy is contingent on preserving their land and strictly enforcing the principle of non-contact. Yet, Ecuador’s handling of oil exploitation in Yasuní Park revealed a glaring failure to uphold these protections. One aspect that is decisive to the finding of a violation of the right to collective property and self-determination is the nomadic nature...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...