Search: self-defense
13 Nov David Bernstein’s “Defense” of Israel’s Pending Anti-NGO Laws
...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...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...11 Nov Homage to California? (More on What Calexit Teaches Us About Secessionist Movements)
...secession would have clashed with a cornerstone of the UN, the territorial integrity of states. Outside of the context of decolonization, the right of self-determination for communities that are within already existing states is understood as a right to “internal” self-determination: the pursuit of political, cultural, linguistic, and other rights within the existing state (in this case, the U.S.). However, secession is not in and of itself illegal under international law (although it may be linked to an act that is breach in international law, such as a military intervention...19 Feb International Law and Kosovo’s Independence: Assessing Resolution 1244
...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...22 Jan Assumptions Behind the Assumptions in the War on Terror (Department of Shameless Self-Promotion)
I have a new paper up on SSRN, appearing shortly in the Wayne Law Review, The Assumptions Behind the Assumptions in the War on Terror: Risk Assessment as an Example of Foundational Disagreement in Counterterrorism Policy. Here is the abstract from SSRN, with apologies from the Department of Shameless Self-Promotion: This 2007 article (based around an invited conference talk at Wayne State in early 2007) addresses risk assessment and cost benefit analysis as mechanisms in counterterrorism policy. It argues that although policy is often best pursued by agreeing to set...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,...