Search: self-defense

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...

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...

...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...

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...

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...

...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...

...will be most contested? And why would it be a mistake to frame this case solely through the lens of countering terrorism?   Key Claims by the Defense Against Charges of Financing Terrorism in this Case The French Criminal code provides in article 421-2-2 “The act of financing a terrorist enterprise also constitutes an act of terrorism when it involves the provision, collection, or management of funds, assets, or any kind of property, or the offering of advice for such purposes, with the intention that these funds, assets, or property be...

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...

...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...

...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...

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...

...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...