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Search: self-defense

27 Jun

...laws’. The principle of self-management (the rangatiratanga principle) Article 2 guarantees to Māori hapū (tribes) the control and enjoyment of those resources and taonga that it is their wish to retain. The preservation of a resource base, restoration of tribal self-management, and the active protection of taonga, both material and cultural, are necessary elements of the Crown’s policy of recognising rangatiratanga. The Government also recognised the Court of Appeal’s description of active protection, but identified the key concept of this principle as a right for iwi to organise as iwi...
27.06.08 | |

11 Nov

...for the general point, I'm sure defense counsel would be paid, if Karadzic actually had defense counsel. Since he doesn't, I don't see why people like prof. Heller should be paid as if they were defense counsel. Kevin Jon Heller Martin, As I have pointed out numerous times on this blog, I am not receiving a penny for my services. Justinian The decision is - obviously - aimed at weakening the right to self-representation. And it certainly does reach that goal. However, the right to self-represantation does not require the...
11.11.09 | |

26 May

...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....
26.05.10 | |

01 Sep

lawyers two days to prepare arguments on diplomatic immunity. The defense, which asked for an eight-day extension, contends that the officials should be shielded from prosecution because they were democratically elected by the Palestinians. Prosecutors counter that the suspects should not receive immunity because they are members of Hamas, which Israel considers a terrorist group. Dweik was detained early this month after the Israel Defense Forces (IDF) surrounded his home in the West Bank. About 30 Palestinian lawmakers, including a third of the Palestinian Authority's cabinet, have been captured since...
01.09.06 | |

02 Jul

...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...
02.07.12 | |

04 Apr

Milan Markovic Dear Alex, I very much agree with the following: "Prosecutors and defense lawyers play different roles in various systems and will also be accustomed to different practices and customs from their own jurisdictions." But isn't this a very good reason for the OTP to adopt a code of conduct or voluntarily subject itself to the code of conduct that is currently applicable to the ICC's defense counsel? In the absence of such action, it is difficult to assess your claim regarding the "extremely high ethical commitment" of the...
04.04.13 | |

04 Aug

...that the expert constantly coordinates with the plaintiffs’ technical and legal team” and the plaintiffs’ team must “support the [court-appointed] expert in writing the report.” (p. 8). “Our entire technical team … of experts, scientists attorneys, political scientists, … will contribute to that report—in other words—you see … the work isn’t going to be the expert’s.” (p. 9). In clarifying what role the plaintiffs and defense counsel will have in drafting the court-appointed expert report, Fajardo confirms that it will be written “together” with the plaintiffs. The idea of Chevron...
04.08.10 | |

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 |

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 | |

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 | |

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 | |

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 | |