Search: self-defense
21 Oct Turkey’s Operation “Peace Spring” and International Law
...State may invoke self-defence only when it has been the victim of an “armed attack”. If that condition is satisfied, any defensive use of force is subject to the requirements of necessity and proportionality (ICJ Nicaragua, para. 194). A State that acts in self-defence without respecting these conditions and requirements violates the prohibition of the use of force under article 2(4) of the UN Charter and customary international law. In most serious cases, such use of force may qualify as an act of aggression. Turkey identified the following circumstances as...
06 Jun Illegitimate Alliances: Invasion Tales Within the United Nations Security Council
...sovereign state through utilizing either of the two exceptions to prohibition on the use of force in Article 2(4) of the UN Charter: (1) UNSC authorization; and/or (2) use of force for the purpose of self-defence (under Article 51). Self-Defence: To Be Preventive or Pre-emptive? That Is the Question! Iraq’s ignorance in acting in conformity to the demands and purposes of Resolution 660 which condemned Iraq’s unlawful invasion to Kuwait, brought forth Resolution 678. The latter Resolution gave power to all member states to “use all necessary means to uphold...27 Mar International Week at SCOTUS: Will They Resolve the Self-Executing Treaty Puzzle?
...area of treaty law is messy for a variety of reasons that I won’t go into here. Suffice to say that there is substantial disagreement in the courts, and even more disagreement in the legal academy, as to how and whether to give a treaty self-executing effect. What the Supreme Court might (but probably won’t) do is clarify this very murky and fuzzy area of the law. Or, as is more likely, they may confuse matters even further. *For a defense of Scalia not recusing himself in Hamdan, see here....
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...
01 Nov Conversation on WAR
...defend yourself. It can’t be that you can use as much force in self-defence that you think will be enough to finish them off forever, and they’ll never come back for 100 years. And because I’m acting in self-defence I can use as much force as I want. But that’s controversial. Some people seem to feel that once the conflict has started, and you have shown the necessity of self-defence, you can use as much force as you like within the rules of international humanitarian law, and that means that...24 Feb John Bellinger Comments on “International Law at Home”
...all treaties.) And the Supreme Court’s decision that the U.N. Charter is not self-executing, coming 63 years after its ratification, has sent State Department lawyers scrambling to determine how many other treaties might also not be self-executing. 3. Part III of the article — “How International Law Comes Home” — is an especially valuable and well-documented compendium of the different ways treaties are applied in U.S. courts. 4. Part IV of the article includes several practical suggestions for ensuring enforcement of treaties in U.S. courts. I agree that a Clear...30 Aug Why Do Treaties Create Private Rights of Action?
...even though the treaty was self-executing, and thus part of the supreme Law of the land, its provisions failed to overcome a standing presumption against private rights of action: To determine whether a treaty creates a cause of action, we look to its text. S ee United States v. Alvarez-Machain , 504 U.S. 655, 663 (1992) (“In construing a treaty, as in construing a statute, we first look to its terms to determine its meaning.”). The Treaty of Amity, like other treaties of its kind, is self-executing. See Medellín v....
21 Dec Symposium on Classism and the International Legal Profession: Equality in the Academy
...for these insurmountable workloads was to switch to a part-time contract. So, although I have worked above and beyond contractual hours for years now, I would be rewarded with a 20% or 40% pay cut, just to cope in academia? Then how would I cope financing a household on my own? On the flip side, when successes come, the feeling of external affirmation is such a salve for low self-esteem. Fragile self-worth seeking these moments is a recipe for disaster, because complex personal circumstances simply do not allow me to...
11 Oct Rethinking International Law After Gaza BILC 2024: Summary and Declaration
...those displaced. Speakers emphasised the four main findings of the AO and their implications. First, the ICJ observes that Israel violates the ius cogens and erga omnes obligation to respect the right to self-determination for the Palestinian people as well as the obligation arising from the prohibition of the use of force to acquire territory. The ICJ underscores the obligation of all states to cooperate in ending Israel’s illegal occupation and ensuring the full realisation of Palestinian self-determination, including the territorial integrity of the OPT. The Court gives the task...06 Sep Letter to the Editors of the Journal of the History of International Law
...order to argue in a fairly straightforward manner that the almost complete physical and cultural destruction of Native Americans was an act of self-defence and self-preservation. We are particularly astounded because this has been a standard trope to justify imperial violence, domination, and expansionism for centuries. From the 1857 Indian Rebellion to ‘Jewish financial terrorism’ the white racist imaginary is structured around supposed existential threats to which it is responding ‘defensively’. Nowadays, arguments about ‘white genocide’, ‘anti-white racism’ and the ‘white pride and self-preservation’ are at the centre of the...