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Search: self-defense

07 Mar

...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...
07.03.22 | |

01 Nov

...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...
01.11.21 | |

30 Aug

...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....
30.08.08 | |

17 Feb

...of what international law means to a politician in government such as Jack Straw. We learn that there is a high degree of self-awareness as to the power – and latitude – afforded to state actors in international legal doctrine. This self-awareness appears to translate as authority to speak to what international law actually is, or could be as interpreted by such a state actor. In a sense, this gives a behind-the-scenes affirmation of what scholars and students of international law already superficially recognize as ‘custom’ formation. Here, we learn...
17.02.15 | |

13 Jul

...Japan relinquished sovereignty, but there is no transfer mechanism. Some argue Aquisitive Prescription (e.g. Goa) but that fails here as there is considerable objection to any Chinese claim to Taiwan, which precludes Aquisitive Prescription. US defense of Taiwan would not only be legal, but justice and consistent with US values. My concern is that Obama is such a weak president that the US might just sit on the sidelines. Guy Again, if the point is "the increasing irrelevance of Article 51 of the UN Charter to decisions by major powers...
13.07.14 | |

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 | |

02 Aug

...history helped us tease out the state practice concerning the underlying law. We found there has been a consistent view that there is no general right to secession—or “external self-determination”—under international law. Attempted secessions are largely viewed as domestic affairs that need to be resolved by the state itself. As a matter of international law, a successful claim for external self-determination must at least show that: (a) the secessionists are a “people;” (b) the state from which they are attempting to secede seriously violates their human rights; and (c) there...
02.08.06 | |

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 | |

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 | |

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 | |

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 | |

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 | |