Search: self-defense
09 Nov New Defense Department Directive on Detainee Interrogations
As the Washington Post reports, the Defense Department has released a new directive to the military on rules governing the interrogation of detainees held in U.S. military custody around the world. According to the Post, the directive has been hotly debated within the administration, especially as Congress is currently considering the McCain bill to codify standards on the treatment of detainees. Here is the key paragraph, from my quick review. It is DoD policy that: All captured or detained personnel shall be treated humanely, and all intelligence interrogations, debriefings, or...09 May US Reaffirms Defense Commitment to Philippines. What Does That Mean?
According to the Philippines Department of Foreign Affairs, the U.S. government has recently re-affirmed its obligations to defend the Philippines under the 1951 Mutual Defense Treaty. This is a particularly sensitive time to re-affirm this commitment, given the ongoing tensions between the Philippines and China in the South China Sea. But what exactly is the U.S. committing to here? Would the U.S. actually feel obligated to defend Filipino claims to disputed islands and territories in the South China Sea? Let’s go to the text of the treaty: Article IV Each...05 Apr The Problem with Saddam’s “The Executions Were Legal” Defense
...al-Jaafari asked Saddam about his approval for death sentences passed against the 148 by his Revolutionary Court, which prosecutors have argued gave the Shiites only a cursory trial. “That is one of the duties of the president,” Saddam replied. “I had the right to question the judgment. But I was convinced the evidence that was presented was sufficient” to show their guilt in the assassination attempt. As I have explained in more detail over at the Grotian Moment, there is a fatal flaw — literally — with Saddam’s defense: at...
31 Mar Options for a Peace Settlement for Ukraine: Option Paper I – Neutrality and Related Concepts
...NATO’s repeated confirmation that it will maintain in place its ‘Open Door’ policy. However, if Ukraine itself declares that it will not seek NATO membership, NATO could record its understanding of this commitment. Assurances by NATO Members: Second, key NATO members could offer assurances that Ukraine will not obtain membership. This could occur, for instance in the shape of the US side letter to an angreement, provided Ukraine first declares itself that it will not seek membership. Self-Limitation: Ukraine itself would rule out NATO membership. If so, the question arises...24 Nov Meanwhile, China Draws a Provocative, Dangerous, But Perfectly Legal Air Defense Identification Zone in the East China Sea
I don’t have any insights to offer on the big news this weekend, that legally-non binding-UNSC-resolution-violating agreement in Geneva. But I did want to note one other big sort-of-law news item from the other side of the world: China’s announcement that it is drawing an Air Defense Identification Zone (ADIZ) in the East China Sea, including over the disputed Diaoyu/Senkaku Islands. China’s announcement has riled up both Japan (which has declared it “totally unacceptable”) and the United States (which has expressed “deep concerns.”) Why all the fuss? China’s new ADIZ...21 Feb US Involvement in Croatian War Crimes?
...the paper alleged, was angry at the Serbs for having overrun the UN protected Bosnian “safe area” of Srebrenica the previous month and wanted them punished. [snip] Gotovina has pled not guilty to the war crimes charges levied by the Hague tribunal. News reports have indicated that Gotovina’s lawyers may be planning to rest his defense on the American participation in the offensive. Because these allegations come courtesy of Gotovina’s defense team, it’s easy to dismiss them as self-serving. They’re given credence, however, by the fact that — according to...31 Jul Correcting a Common Misperception of the Espionage Act
...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...04 Jun The Civil War and the Blockade of Gaza (a Response to Posner)
...may not have given an accurate or thorough explanation for a variety of reasons, including a simple misunderstanding of the law. In prior discussions with Marko, we debated the import of a state's claim of self-defense. My point then was that a state may say it is exercising its right of self-defense against a non-state actor without thoroughly explaining why that justifies the breach of territorial sovereignty of the state where that actor is located. That does not mean that self-defense rather than necessity or something other legal doctrine is...13 Jun Is US Ratification of UNCLOS Doomed? Former US Defense Chief Rumsfeld Announces Opposition
Former U.S. Secretary of Defense Donald Rumsfeld has an op-ed in the WSJ announcing his opposition to US ratification of the UN Convention on the Law of the Sea. The op-ed is probably meant to soften the force of an earlier WSJ op-ed by former Republican Secretaries of State calling for US ratification. He is also testifying on Thursday at a Senate Foreign Relations Committee hearing. Rumsfeld’s opposition may make a difference since the question of ratification is really a debate within conservative and Republican circles (Democrats appear to be...
07 Mar Thou Shalt Not Distort the Language of International Law
...the purported “peace support functions” the shortest of their kind in history. On 22 February, President Putin signed the Federal Laws on the ratification of both treaties (see here and here). In accordance with Article 4 of both identical treaties, the Contracting Parties “shall provide each other with necessary, including military, assistance in the exercise of the right of individual or collective self-defence in accordance with Article 51 of the UN Charter”. “Self-Defence” In his televised address of 24 February 2022, President Putin mentioned “self-defence” as a justification for the...