Search: self-defense
09 Aug Muddying the Waters: A Reply to Kay and Kern on the Statehood of Palestine and the ICC – Part II
...agreed to allow the PLO, their political representatives, to establish institutions to exercise self-governing powers in the West Bank and Gaza. This was pursuant to the Declaration of Principles (DoP), in which Israel and the PLO agreed that the aim of the negotiations was to establish a Palestinian Interim Self-Government Authority for the Palestinian people in the West Bank and the Gaza Strip, “for a transitional period not exceeding five years, leading to a permanent settlement based on Security Council Resolutions 242 and 338”. It was also agreed that the...
12 Jan The Art of the Steal: Does the EU’s Mutual Assistance Clause Protect Greenland?
...of self-defence of NATO members. This is confirmed by Article 7 NAT, which declares that the Treaty does not affect the rights and obligations of NATO members under the UN Charter, which includes their right of self-defence under Article 51 of the Charter. Accordingly, nothing in the NAT prevents Denmark and other NATO members from exercising the right of individual and collective self-defence against the US, whether they do so on an ad hoc basis or pursuant to Article 42(7) TEU. Moreover, NATO members have committed themselves in Article 1...24 Feb Self-Execution Beyond Treaties
...Supremacy Clause, when there is no such right under the pertinent statute itself, would effect a complete end-run around this Court’s implied right of action and 42 U.S.C. § 1983 jurisprudence. We have emphasized that “where the text and structure of a statute provide no indication that Congress intends to create new individual rights, there is no basis for a private suit, whether under § 1983 or under an implied right of action.” This body of law would serve no purpose if a plaintiff could overcome the absence of a...
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...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...
03 Sep Critical Pedagogy Symposium: Teaching Palestine–Recognising and Responding to the Dangers of Online Learning
...opportunities. Beyond the direct impact of being blacklisted on Canary Mission, there is every possibility that critical teaching on Palestine scuppers the development of ties between an academic’s institution and the prospective Israeli partners. Of course being labelled a troublemaker has implications for job security as well. Avoiding self-censorship and practical next steps Beyond the personal costs noted above, most damaging of all is the self-censorship or self-policing the threat of recording provokes. Academics and students who would otherwise feel empowered to proffer critical opinions may feel less inclined to...25 Apr The Legality Surrounding the US Strikes in Syria
...strikes with the United Nations (UN) Charter and the general prohibition on the use of force under international law. This post will focus on this last matter. Before delving into some of the key legal issues, it should be noted that the US strikes contrast with the position previously adopted by the US, whereby it directed its military force towards the fight against the so-called Islamic State of Iraq and the Levant (ISIL) under its umbrella of ‘the war on terror’ on the basis of self-defence, as opposed to directing...
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...
03 Nov The Ungovernance of Gaza
...actively seek to encounter, produce, and harness, their own indeterminacy (or the experience and expression of it) as a generative principle’. Such generative forms of ungovernance have been at the heart of Palestine’s predicament for decades. It was the Oslo Accords of 1993-1995 in particular that sanctioned a complex regime of (non)rule across the fragmented non-sovereign space of Palestine. Before this agreement between Israel and the Palestinian Authority (PA), the predominant paradigms for international lawyers had been those of belligerent occupation and self-determination. These two paradigms were further reliant on...