Search: self-defense

...as sovereign nations, call upon the Canadian and United States governments to respect our decision to reject tar sands projects that impact our sacred sites and homelands; to call upon the Canadian and United States governments to immediately halt and deny approval for pending tar sands projects because they threaten the soil, water, air, sacred sites, and our ways of life; and, confirm that any such approval would violate our ancestral laws, rights and responsibilities. Article VII then goes on to establish a mutual defense commitment of sorts, wherein the...

...was quite different from what is now being reported in the press. I would argue that there were omissions of consequence.” At his briefing in the White House Situation Room, Daschle was forbidden to take notes, bring staff or speak with anyone about what he had been told. “You’re so disadvantaged,” Daschle says. “They know so much more than you do. You don’t even know what questions to ask.” Moreover, the secrecy defense presumes that the Bush administration kept the NSA program secret because it believed that was the only...

Mohammad Al-Oraibi, the presiding judge at the Anfal trial, has ordered the arrest of one of the defense attorneys, Badie Arif Ezzat, for criminal contempt of court. The charges stem from Ezzat’s criticism of the Dujail trial on Iraqi television, which Judge Al-Oraibi apparently believed was directed at the Anfal trial. Ezzat could face seven years imprisonment if convicted. Interestingly, the U.S. seems to have openly taken Ezzat’s side in the dispute: The Sunday session of the trial of six Saddam Hussein officials accused of crimes against humanity was canceled...

...case was met during my few days at the Austrian Human Rights Film Festival with either stony silence or (more commonly) open hostility. It hasn’t been a pleasant response — so why do I do it? There are many answers. The first is the one that defense attorneys always use, which is no less true for that fact: every defendant, even one accused of committing horrific international crimes, needs a good defense. Indeed, the more horrific the accusations, the greater that need. Everyone involved in the criminal justice system knows...

A dispute is brewing between the Rwandan government and the ICTR over the fact that one of the Tribunal’s appointed defense attorneys is himself on Rwanda’s “most wanted” list of genocide suspects. The attorney, Callixte Gakwaya, is counsel for Yusuf Munyakazi, a former businessman who is accused of committing genocide and crimes against humanity in Cyangugu and neighbouring Kibuye in 1994. The Rwandan government’s representative to the ICTR, Aloys Mutabingwa, claims ignorance of how Gakwaya’s ended up employed by the Tribunal: “We are surprised because the ICTR was aware that...

...military (violent) measures these social movements have resorted to as a result of the long-standing denial of the international legal right to collective self-determination possessed by Palestinians. For not only are such characterizations self-defeating, they serve to hide and distort more than reveal and inform. Patrick S. O'Donnell The last sentence should have read: "For whatever truth they contain and feebly express, such characterizations are, in the end, self-defeating, as they serve to hide and distort more than reveal and inform. David Bernstein leaders and members (e.g., Professor Bernstein’s telling...

defense is qualified by Article 8.8, a new provision stating that ‘Human rights due diligence shall not automatically absolve’ a business from liability.  Rather, a court (or competent authority) will decide on liability ‘after an examination of compliance with applicable human rights due diligence standards.’  What does this mean? That a business whose HRDD complies with applicable standards has an automatic defense?  Or not?  And what are those applicable HRDD standards? Article 8.8 is indicating that the mere fact of conducting HRDD cannot be used as a safe harbour for...

...powers of local self-government at municipal level within Luhansk and Donetsk, to be established in Ukrainian law. Units of local self-government may exercise their powers in cooperation with one another if they so choose, subject to compliance with the Organic Law on the Special Status. (8) As provided in Annex III, the drafting process of the Organic Law on the Special Status of Luhansk and Donetsk shall be conducted by a Commission, consisting of five representatives of the government of Ukraine and five representatives each of the two principal language...

...larger call for de-centering the dominant modes of doing international law research – whether that be the discipline’s epistemological limitations, english-centrism, cultural flattening, or teaching, to name a few. All of these conversations point to the structural asymmetries within the discipline which claims itself to be universal and yet, erases any semblance of the ‘other’.   It makes sense, then, as a small act of rebellion for Global North scholars to pursue conversations in a different epistemic register; one that is considerably removed from the discipline’s principal locations of influence and...

...of the key language includes the following from the preamble: Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other States of the region, as set out in the Helsinki Final Act and annex 2, Reaffirming the call in previous resolutions for substantial autonomy and meaningful self-administration for Kosovo, Moreover, the operative paragraphs include the following: The Security Council… 1. Decides that a political solution to the Kosovo crisis shall be based on the general principles in annex...

...have to say: ‘That is true. And I admire your self-confidence.’ But I also think that this self-confidence is part of the problem – because it is an unwarranted self-confidence. It is the cause not only of why so many people in the world suffer, but also why so many people have lost faith in managerial expertise. The problem is this: most people meet experts – such as myself – when they are asked to give solutions to the problems of the world. The expert will then have a 35...

...argue that there is an obligation on states irrespective of self-interest, potentially even when it is contrary to self-interest. A possible source of such a (non-self-interested) obligation can be identified: the UK, we might say, is under (at least) a moral obligation to implement judgments of the Court of Human Rights because we have (at least) implicitly promised to do so when we joined the Convention system, and violating that promise is, at least prima facie, morally wrong. (It also threatens to undermine our expectation that others will consider themselves...