Search: self-defense
26 May The Non-Existent “Murder in Violation of the Law of War” — Redux
...Prof. David Frakt’s Huffington Post piece of April 29, 2010. http://www.huffingtonpost.com/david-frakt/new-manual-for-military-c_b_557720.html He was formerly lead defense counsel with the Office of Military Commissions, He writes that three different military judges in three separate commissions at GTMO (Hamden, Jawad & al Bahlul) (Frakt was lead defense counsel for the last two) rejected the government’s argument that “Murder in Violation of the Law of War” under the 2006 MCA is simply any killing by a person whose status is that of an unprivileged belligerent, whether or not the killing itself violates IHL....02 Jul Taylor Released! (Though Not Because of Carr) (Updated)
...think Kevin mentioned a while ago, this episode speaks volumes about how the ICC views defense attorneys, including those in OPCD. Although it is very welcome news that Ms. Taylor has been freed, anytime there is controversy involving the Court, some constituency therein always seems ready to blame the defense attorneys. A more banal example: the OTP's claim, during the second stay of the Lubanga trial, that the defense could no be trusted to keep information concerning the identity of an intermediary confidential. Dedicated defense attorneys are integral to the...30 Mar At Least Spell My Name Right…
...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...15 Sep If the States Can Repeal Federal Law, Can They Also “Repeal” Treaties?
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 This enabling legislation could then be repealed by the states, so they have a check there.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...09 Jan Is the EU Adopting a Double-Standards Approach toward Israel and the Palestinian Territories? (Part 2)
...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...