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Search: self-defense

06 Feb

...Prime Minister Rabin, claimed to be representing "the Palestinian People". Handmaker's curious claim that "ordinary Israelis and Palestinians should have been provided an opportunity to determine their own future such as by way of referendum in ensuring self-determination" ignores the fact that in participating in the Oslo negotiating process, the Palestinians were indeed exercising their own process of self determination. By the same token, if "ordinary Israelis" were not represented by their government, then who represents them? Most absurd is Handmaker's assertion that "Palestinian political representatives have met most of...
06.02.20 | and |

15 Sep

got anywhere. John But it is important that the states be able to repeal treaties (or at least part of treaties) if they find them objectionable. Remember that treaties can be classifed as "self-executing" and "non-self-executing". Non-self-executing treaties require that Congress also pass enabling legislation to give them force. This enabling legislation could then be repealed by the states, so they have a check there. That leaves the problem of self-executing treaties. Someone smarter than me will have to find a way for states to repeal those (especially one that...
15.09.10 | |

30 Mar

...is satisfied that he can read and comprehend English well. I won’t try to defend myself, because that part of my post was obviously ill-advised. What distresses me is the decision itself, which punishes Dr. Karadzic for exercising his right of self-representation. We never claimed that Dr. Karadzic was not able to have a conversation in English; our argument is that, as a non-lawyer, he cannot be expected to understand the Prosecution’s complicated legal arguments in a language that isn’t his own. I don’t think that’s a particularly radical idea...
30.03.09 | |

09 Jan

...to prevent their companies investing in the occupied territories: "Thus, according to the Court, self-determination as a right erga omnes, entailed the duty of every state to promote that right through joint and separate action. Furthermore, the Court opined that all states, while respecting the UN Charter and international law, should see to it that any impediment, resulting from the construction of the wall, to the exercise by the Palestinian people of its right to self-determination was brought to an end. … Arguably, that would include at least a duty...
09.01.14 | |

19 Jul

Netanyahu, or the Israeli Defense Minister, or some lowly Brigadier, for ordering IDF commandos to shoot paint balls at activists who were breaking a legal(Palmer Commission) blockade? Hostage Re: So the PTC wants the Prosecutors Office to consider indicting Netanyahu, or the Israeli Defense Minister, or some lowly Brigadier, for ordering IDF commandos to shoot paint balls at activists who were breaking a legal(Palmer Commission) blockade? The Palmer Inquiry was the result of the sort of political outcry from the international community that Kevin is talking about. It never was...
19.07.15 | |

08 Jan

...as Seselj has done with his trial. Next time, I suggest that Ms. Bogue reply to what I actually said, not what she imagines -- wishes? -- I said. Kevin Jon Heller As for "Kevin, Kevin, Kevin," he or she simply regurgitates the dismissive criticism that is always leveled at defense attorneys. The criticism refutes itself: if every defense attorney took that advice, controversial defendants would receive no counsel at all. But, of course, in "Kevin, Kevin, Kevin"'s worldview, criminal defendants only deserve counsel in an "abstract" sense. That pretty...
08.01.09 | |

08 Oct

...defends itself using an active defense measure, additional international law implications arise. The principles of necessity and proportionality forbid “retaliatory or punitive actions. . . . [I]n particular, the means employed for the defence have to be strictly necessary for repelling the attack.” Yet the principle of proportionality does not limit “a state, victim of an armed attack . . . to expelling the foreign troops from its territory in exercising its right to self-defence, but [also allows pursuit] across the border into their territory.” The current jus ad bellum...
08.10.07 | |

20 Feb

...quite explicit that their armies may be used for other purposes. Moreover, soldiers enlist in armies that have a history of engaging in action not for self defense even where that is the nominal purpose of the force. The US, for example, has on quite a few occasions engaged in action for purposes other than self defense, prominent examples being the Mexican War and the Spanish-American war. The present invasion of Iraq was of course not defensive in nature. I doubt that most US soldiers are so naive as to...
20.02.08 | |

11 May

...of local manufacture. And here is further corroboration that the blockade cannot really stop Hamas from rearming. I quote from Israel Defense(April/May 2015): http://www.israeldefense.co.il/en/content/hamas-prepares-future-confrontation-restores-its-tunnels-and-rocket-stockpiles "Regarding rocket, Hamas has initiated a tremendous operation of self-production of rockets in order to fill its stockpiles. Hamas is concentrating its efforts in producing short-range rockets – that have proven effective against the "Iron Dome" during Protecting Edge, but the organization is also working on producing rockets with a range of 75 km that can reach the central district and Jerusalem, and rockets with a...
11.05.15 | |

04 Jan

...political, economic, legal, cultural and linguistic pluralism, within the country's integrating process. Art. 2.- Given the pre-colonial existence of the original-peasant indigenous nations and peoples and their ancestral domain over their territories, their self-determination is guaranteed in the framework of the unity of the State, which consists of their right to autonomy, self-government, culture, recognition of their institutions and the consolidation of their territorial entities, according to this Constitution and the Law. Art. 3.- The Bolivian nation is conformed by the totality of Bolivian men and women, the original-peasent indigenous...
04.01.11 | |

03 May

support for forms of self-determination short of full independence and for a principled way of ascertaining when more limited modes of self-determination are appropriate." S.J. Anaya and others have explained how this is owing to the fact that the notion of self-determination was historically forged largely in the context of the struggle against colonialism (hence self-determination was indissolubly linked to secession). Nonetheless, and as Ben suggests with regard to the Aaland Islands, "In the field of indigenous peoples' rights...international law may be coming to recognize that various forms of intrastate...
03.05.08 | |

19 Jul

...to the death. It was literally "Might makes right" and it was perfectly legal until the society evolved to see the absurdity of it. Self-defense, however, is not an antiquated and absurd notion, no matter what the likes of Rebecca Peters thinks. The laws that were slowly put into place were largely ineffective until the society in question saw the values of such laws. They were also simple regulations, such as laws concerning the length of the blade. The total bans on the carrying of rapiers, even though it's rather...
19.07.08 | |