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Search: self-defense

04 Jun

...the aid from the flotilla? If Hamas does not see the humanitarian crisis as great enough to stop its violence, how is Israel supposed to see it as great enough to risk more of it? I'm not a spokesperson for Israel, but at the end of the day if Israel is finding itself increasingly isolated for exercising its rights to self-defense, better to be isolated than obliterated as per the Hamas Charter. Aaron Levitt I would like to see a serious reply to Zak's question, which addresses an issue that...
04.06.10 | |

17 Feb

...Kosovo. Chris Borgen Corina: Thank you for your comments. I will analyze the legal rationale in a post later this week. Amin Ghanbari Now it has been just expectable to see any state of a federal system self determine it self in the light of the Post-Cold war era evolutions of international law and specially the general practice of other states concerning the issue of the right of self determination; but there is a question left unseen about people who are non members of a federal state, hopeful to self...
17.02.08 | |

22 Oct

...gained now would be lost in legal battles and hurdles along the way. The real problem is that the ICTY has put itself in a corner with the infamous Seselj decisions on self-representation, by saying that it cannot impose counsel unless a clear warning is given to the accused, and the accused persists in obstructing the proceedings. The better way would have been to always impose counsel (just like courts would do in Serbia and Bosnia, btw, which would have jurisdiction if the ICTY was not there) but at the...
22.10.09 | |

07 Sep

...previous law or treaty forbids. On a related note, is legislation which forecloses judicial application of preexisting and otherwise self executing treaties constitutional? A treaty is either self-executing and directly applicable or not. One may argue that the intent of the executive and of the Senate (as well the language of the treaty) have a bearing on whether the treaty is self executing but shouldnt' that be restricted to the intent at the time the treaty was negotiated and ratified. Once a treaty is deemed self-executing and directly applicable can...
07.09.06 | |

18 Jun

...overriding African state interests through the legal regime of the UN and the Security Council overlooks the obvious reality that state self-interest and state priorities have long animated the Council [...] The view from below then is not that international law as shaped by the Council has transcended state self-interest, but that only the interests and priorities of some states are relevant." "critics of South Africa and the AU do not acknowledge the dangers of infecting the ICC with the Council’s legitimacy deficits. The reliance on the Security Council as...
18.06.15 | |

23 Sep

I know you have all missed my blogging about international trade law. So now that I’m back (at least for a while), let me highlight a neat legal issue raised by China in its appeal of a recent WTO decision against its restrictions on foreign media. According to this WSJ report, China has raised the “public morals” defense contained in Article XIV of the General Agreement on Trade in Services to challenge a WTO panel report on Chinese restrictions on the distribution of foreign media within China. The public morals...
23.09.09 | |

27 Nov

Two of the four men arrested on suspicion of witness tampering and manufacturing evidence in the Bemba case appeared before the Court today, along with Bemba himself. Not surprisingly, defence counsel for the defence counsel focused on the various ways in which the arrests will prejudice Bemba’s case: Meanwhile, defense lawyers for the accused stated that the new charges had harmed the defense case of Mr. Bemba, whose trial for war crimes and crimes against humanity started in November 2010. Xavier-Jean Keita, who represented Mr. Kilolo-Musamba, said the defense would...
27.11.13 | |

31 May

...is already a viable “corruption defense,” and also that it might be useful to better specify the contours of the defense through explicitly corruption-related treaty language. Where we primarily differ is on the desirable contours of the defense. My scheme is self-consciously pro-state. It imposes serious consequences on the investor who engages in corruption. It is, as Professor Bjorklund accurately points out, supply-side in its focus, just as are the U.S. Foreign Corrupt Practices Act and its non-U.S. equivalents. This supply-side focus bothers Professors Wong and Bjorklund. It seems unfair...
31.05.12 | |

11 Nov

...are somewhat uncertain and courts will certainly give Congress broad discretion to regulate those rights. (2) The amendment would create congressional oversight over the procedures governing the detention of the Guantanamo detainees because the Defense Department would have to submit their procedures for determinations as to the legal status of those detainees to Congress as well as any changes in the procedure. (3) The most controversial part of the Amendment is the part removing the jurisdiction of the federal courts from “any action” based on the DoD’s new policies on...
11.11.05 | |

04 Mar

I have written before about the Bush Administration’s war on attorneys who defend individuals accused of terrorism. (See here and here.) A new front has now been opened in that war, with the chief U.S. military prosecutor accusing Major Michael Mori, who is representing David Hicks — the Australian scheduled to be the first GITMO detainee tried by military commission — of violating the Orwellian article 88 of the UCMJ, which prohibits the use of “contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary...
04.03.07 | |

13 Nov

...said to have replied with a defense of the legislation, calling foreign funding of nonprofits interference in Israel’s internal affairs. A senior Israeli official acknowledged that if the bills pass in their current form, they would cause a severe crisis with the EU. Standley has contacted all of the embassies in Israel that represent EU countries, urging them to register their own concerns regarding the legislation. EU ambassadors here are to meet on Tuesday to discuss the issue. The office of the EU in Israel has also approached the embassies...
13.11.11 | |

12 Jan

Amos Guiora has an essay up on Jurist concerning the Israeli military operations in Gaza. He writes: The IDF launched Cast Lead after two significant developments: Hamas had fired 6,000 missiles from the Gaza Strip into southern Israel during the past three years after Israel had unilaterally disengaged from the Gaza Strip and Hamas had unilaterally violated an Egyptian negotiated cease-fire. This is classic self-defense; to that extent, Operation Cast Lead is not different. From a legal perspective, however, there are three critical differences between Cast Lead and previous IDF...
12.01.09 | |