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Search: self-defense

22 Apr

...also relying on implementing legislation for the Maritime Safety Convention, 18 USC 2280). Conflicting accounts exist over Muse’s age (the judge rejected defense claims that he’s 15) and his role in seizing the U.S. vessel (i.e., Muse was either the brazen leader or an unwilling accomplice forced to participate in the attack). I suspect both issues will continue to draw attention if Muse’s case proceeds to trial. But, for international lawyers the most interesting questions involve the defense’s apparent invocation of the Geneva Conventions. It’s unclear whether and how Muse...
22.04.09 | |

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 | |

19 Sep

NSA Warrantless Eavesdropping until the NYT disclosed the program's existence. Moreover, far from being consistent in its defense of its legal justification, the justification has changed from AUMF to article II as the AUMF argument was exposed in all it's weakness by subsequent court decisions. Finally, when given the opportunity to present any of its shifting legal defenses for the program in a court of law, the administration instead has attempted to hide behind standing and states secrets argument. That is, it has expressly avoided subjecting its weak legal arguments...
19.09.06 | |

10 Oct

...Without letting some rope out we will hang the defense department and make them powerless to do their jobs to protect this country. Tobias Thienel If the quote from Gen. Cartwright is a fair representation of the strategy for cyberwar, then (a) he is probably right that it is not a good strategy, but (b) it is in no way mandated by international law. Even classical, reactive self-defense (that is to say, the kind of self-defense that is neither anticipatory nor preventive) allows for a reaction to an armed attack...
10.10.11 | |

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 | |

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 | |

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 | |

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 | |

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 | |

22 Nov

...of such elements in the exercise of the right of individual or collective self-defense recognized in Article 51 of the Charter”. It is clear from the foregoing that resolution 377 (V) anticipates that military elements mentioned above could be mobilized for purposes beyond the inherent right of individual or collective self-defense on the recommendation of the General Assembly. The subsequent practice of the General Assembly also affirms the robustness of its prerogatives in respect for the maintenance of international peace and security under the “Uniting for Peace” resolution. By way...
22.11.18 | |