Search: self-defense
17 Feb Europe’s Newest State (?)
...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...18 Jun Guest Post: Exploring Legal Rationales for South Africa’s Failure to Arrest al-Bashir
...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...07 Sep Why Congress Can Override the Supreme Court’s Interpretation of International Law
...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...11 Nov A Tentative Defense of the Graham GTMO Amendment
...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...04 Mar Yet Another Defense Attorney Attacked by the Bush Administration
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...10 Nov Is There Really a War on Terrorism Outside of Afghanistan? You Betcha!
...ad bellum issue does not arise, but there still might or might not be violations of the jus in bello. Syria certainly poses a jus ad bellum issue, but there the US justification might not be preemptive self-defense, but self-defense against an armed attack that was already committed by a non-state actor operating from Syrian territory, which Syria failed to prevent. In any case it is hard to say more about these events without knowing much, much more about the actual facts. Guneysu In addition to what Milan has written,...12 Jan Guiora on the Legal Implications of Gaza
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...