Search: self-defense
22 Mar Defense Attorney Problems at the Anfal Trial — and Other Saddam News
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...19 Sep John Yoo’s Defense of the NSA Program, Part II
...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...23 Sep China Invokes the “Public Morals” Defense!
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...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...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,...31 May VJIL Symposium: Jason Webb Yackee Responds to Bjorklund/Litwin and Wong
...is already a viable “corruption defense,” and also that it might be useful to better specify the contours of the defense through explicitly corruption-related treaty language. Where we primarily differ is on the desirable contours of the defense. My scheme is self-consciously pro-state. It imposes serious consequences on the investor who engages in corruption. It is, as Professor Bjorklund accurately points out, supply-side in its focus, just as are the U.S. Foreign Corrupt Practices Act and its non-U.S. equivalents. This supply-side focus bothers Professors Wong and Bjorklund. It seems unfair...27 Nov The Curious Timing of the Bemba Arrests
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...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...
17 Mar A Self-Reflexive Rebellion: Of Universality and False Empowerment of the Global South
...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...
16 Mar Possible Draft of a Framework Agreement on the Restoration of Peaceful Relations between Ukraine and the Russian Federation
...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...