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Search: self-defense

25 Mar

Diane Marie Amann See IntLawGrrls tomorrow, Ken. Happy to help, Diane Kenneth Anderson thnxs! John C. Dehn Ken, I noted one time that he used the terms armed conflict and self defense in the alternative. In every other case self defense was related to the existence of armed conflict, with the latter providing the legal authority for the administration's approach. Is it your position that the use of force in national self defense can sometimes be accomplished without the constraints of the laws of war? Do you see this as...
25.03.10 | |

10 Aug

John C. Dehn Kenneth, These are all wonderful questions. One major question sticks out in my mind. In the Nicaragua case, I believe the ICJ said that collective self defense under the UN Charter required a request for assistance. I am comfortable with finding Pakistan to be engaged in an internal armed conflict and acting in self defense (at least as recognized by Security Council resolutions after 9/11). May we not presume such a request was made relevant to this attack? If so, wouldn't that potentially change the nature of...
10.08.09 | |

21 Sep

...U.S. territory is attacked). In the U.S. -Philippines Defense treaty, the area covered by the treaty is “the metropolitan territory of either of the Parties.” The Korea Treaty does have similar language “administrative control” language, although I am assuming it does so in order to exclude North Korea. So the U.S. is basically on the hook for a defense of the Senkaku/Diaoyu. And what’s worse, Japan doesn’t have to help the U.S. at all in defending its own territory. Looks like the Japanese got themselves a nice little deal here....
21.09.12 | |

11 Nov

...unilateral secession by California is authorized by the international law right of self-determination. This is a much more difficult point to analyze, but I think that neither California nor Oregon would qualify to exercise this murky international law right, at least with respect to seceding. The Canada Supreme Court’s decision in the Quebec case is probably most on point here. A state whose government represents the whole of the people or peoples resident within its territory, on a basis of equality and without discrimination, and respects the principles of self-determination...
11.11.16 | |

02 Mar

Benjamin Davis These are the three hypos that are presented to support the idea of a humanitarian necessity defense and the question is why the strict rule of IHL on these things. Here are a couple of thoughts. 1. approach a neighbor of a suspected Palestinian militant and request the neighbor to urge the suspect to surrender quietly to the security forces. What if the neighbor says no? Do the security forces say "Thank you and have a nice day."? The neighbor is presumably a civilian who does not want...
02.03.10 | |

21 Aug

The WSJ has an article on the U.S. Defense Department’s push for a criminal prosecution of Wikileaks for releasing U.S. government documents on the Afghanistan war. Several officials said the Defense and Justice departments were now exploring legal options for prosecuting Mr. Assange and others involved on grounds they encouraged the theft of government property. Bringing a case against WikiLeaks would be controversial and complicated, and would expose the Obama administration to criticism for pursuing not just government leakers, but organizations that disseminate their information. I agree it would be...
21.08.10 | |

19 Apr

...because prisoners do not have a legal entitlement to payment for their work, and the Due Process Clause protects only against deprivation of existing interests in life, liberty, or property…. Plaintiffs fail to state a viable claim under the International Covenant on Civil and Political Rights. “For any treaty to be susceptible to judicial enforcement it must both confer individual rights and be self-executing.” A treaty is self-executing when it is automatically enforceable in domestic courts without implementing legislation. The ICCPR fails to satisfy either requirement because it was ratified...
19.04.10 | |

10 Jun

...to be already published (e.g., publishing in Harv. Int'l L.J. on-line). Alec Stone Sweet I do not see the dilemma. Most good papers are mounted on SSRN or Selected Works and widely circulated before submission to peer review, and they will have been read much more than most blog entries. Bloggers might have delusions of grandeur, but a blog is not a journal. I don't see how self-posting anything on-line should preclude the latter's publication if it meets the journal's standards. Kevin Jon Heller "I don’t see how self-posting anything...
10.06.12 | |

14 Mar

...as well as direct threats by the latter to impose their order on the whole territory of Ukraine.” I am pretty surprised that Russia is endorsing this expansive view of self-determination, which I think could be fairly invoked by certain parts of Russia itself (Hello, Chechnya!). But I suppose the dispute here with the West could be understood as factual rather than legal. Most scholars would accept the idea that self-determination is appropriate in certain exceptional circumstances, such as decolonization or when facing the threat of genocide or other mass...
14.03.14 | |

28 Dec

Owen Pell at White & Case has a chapter in our book Holocaust Restitution entitled, “Historical Reparation Claims: A Defense Perspective.” The chapter in essence argues that a company that wishes to defend against historical reparation claims must have detailed knowledge about its company history. He writes, “A crucial lesson of the Holocaust asset cases is that companies must invest heavily in historical research so that they will have control and an intimate understanding of the facts.” (p. 331-32). Pell’s advice is sound for historical reparation claims. But if that...
28.12.05 | |

31 Jul

...scienter is established. Where there is no occasion for secrecy, as with reports relating to national defense, published by authority of Congress or the military departments, there can, of course, in all likelihood, be no reasonable intent to give an advantage to a foreign government. Notice: the Gorin Court did not limit “bad faith” to obtaining national-defense information with the “intent” to injure the United States; it also considered bad faith obtaining national-defense information while having “reason to believe” that the information could be used to injure the US. Those...
31.07.13 | |

11 Jul

...molesters, people with infectious diseases, and the like — but who have not committed crimes. Congress should draw the national security court’s judges from a pool of current federal judges, the same process used for the special court we already have to issue intelligence warrants. The court would have a permanent staff of elite defense lawyers with special security clearances as part of its permanent staff. Defense lawyers trained in the nuances of taking apart interrogation statements, particularly translated statements, are crucial because often the legal proceedings will involve little...
11.07.07 | |