Search: self-defense
10 Jul EDNY Rules on Corporate Liability for Chemical Weapons Use in Persian Gulf War
be “self-executing,” meaning that a private right of action is explicitly provided for in the treaty or the treaty has been implemented by a U.S. federal statute…. The Bank Defendants argue that the Geneva Convention is not self-executing and therefore does not provide plaintiffs with a private right of action. Plaintiffs concede that the Convention is non-self-executing, but argue that export prohibitions on chemical weapons enacted by the members of the Australia Group and some governments’ efforts to enforce laws against supplying countries such as Iraq with materials to manufacture...
17 Oct A Visible College, 2.0: Israel, Hamas, and the International Legal Community
...right to resort to force automatically justifies whatever means are employed. The result is that world leaders and many legal commentators have suggested, perhaps accidentally, that the IDF’s exercise of Israel’s right to self-defence or Hamas’ pursuit of the Palestinian people’s right to self-determination renders lawful the targeting of civilians, the perpetration of sexual violence against them, the taking of hostages, the denial of food and water to civilian populations, and their forcible transfer to conditions in which their basic needs cannot possibly be met. When made by world leaders,...25 Jul AJIL Symposium: Comment on Eyal Benvenisti, Sovereigns as Trustees of Humanity
...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...26 Mar First Reaction on Medellin, Self-Execution, Etc.
[Mark Weisburd is the Martha M. Brandis Professor of Law at UNC Law School.] I find it difficult to read Medellin as institutionalizing a presumption against self-execution. If that had been Roberts’s intent, the form of his argument should have been, “We presume non self-execution, is there anything to overcome the presumption?” Instead, he analyzed the text, ratification hearings, and practice of other treaty parties to conclude that Art. 94 was not intended to create obligations for domestic courts. The conclusion seems reasonable to me – 94(2)’s according the Security...
16 Feb I Beg Your Pardon: Two Lessons from/for America’s Worst Days
...be found in rehabilitation, reconciliation and the last resort principle. Regarding the limits, some contribution can be found in both comparative criminal law and transitional justice. In these, for instance, we could also find an answer to our starting point: The discussion on self-pardon. Departing from the ‘bad examples’ of the self-amnesties adopted by Pinochet (law decree n. 2191/1978) and Fujimori (law 2647/1995) and before them by Mussolini, right after the coup which brought him to power (Royal Decree 1641/1922), the vast majority of scholars rejects the admissibility of self-clemency...