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Search: self-defense

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 | |

08 Jan

...as Seselj has done with his trial. Next time, I suggest that Ms. Bogue reply to what I actually said, not what she imagines -- wishes? -- I said. Kevin Jon Heller As for "Kevin, Kevin, Kevin," he or she simply regurgitates the dismissive criticism that is always leveled at defense attorneys. The criticism refutes itself: if every defense attorney took that advice, controversial defendants would receive no counsel at all. But, of course, in "Kevin, Kevin, Kevin"'s worldview, criminal defendants only deserve counsel in an "abstract" sense. That pretty...
08.01.09 | |

20 Feb

...quite explicit that their armies may be used for other purposes. Moreover, soldiers enlist in armies that have a history of engaging in action not for self defense even where that is the nominal purpose of the force. The US, for example, has on quite a few occasions engaged in action for purposes other than self defense, prominent examples being the Mexican War and the Spanish-American war. The present invasion of Iraq was of course not defensive in nature. I doubt that most US soldiers are so naive as to...
20.02.08 | |

03 Aug

...- with historical examples that Professor Ramsey himself injects with a bit of proportionality and necessity discussion. Could the president respond to 9-11 with an attack to prevent further attacks if he believed further attacks are imminent? Yes....for a time...provided he can identify the source of the threat and the attacks are directed at countering it. (If they were not believed imminent, he would basically be conducting a reprisal - which some folks argue still falls within the scope of self defense or preemptive self defense.) Without Congress, could he...
03.08.07 | |

19 Jul

Netanyahu, or the Israeli Defense Minister, or some lowly Brigadier, for ordering IDF commandos to shoot paint balls at activists who were breaking a legal(Palmer Commission) blockade? Hostage Re: So the PTC wants the Prosecutors Office to consider indicting Netanyahu, or the Israeli Defense Minister, or some lowly Brigadier, for ordering IDF commandos to shoot paint balls at activists who were breaking a legal(Palmer Commission) blockade? The Palmer Inquiry was the result of the sort of political outcry from the international community that Kevin is talking about. It never was...
19.07.15 | |

11 May

...of local manufacture. And here is further corroboration that the blockade cannot really stop Hamas from rearming. I quote from Israel Defense(April/May 2015): http://www.israeldefense.co.il/en/content/hamas-prepares-future-confrontation-restores-its-tunnels-and-rocket-stockpiles "Regarding rocket, Hamas has initiated a tremendous operation of self-production of rockets in order to fill its stockpiles. Hamas is concentrating its efforts in producing short-range rockets – that have proven effective against the "Iron Dome" during Protecting Edge, but the organization is also working on producing rockets with a range of 75 km that can reach the central district and Jerusalem, and rockets with a...
11.05.15 | |

04 Jan

...political, economic, legal, cultural and linguistic pluralism, within the country's integrating process. Art. 2.- Given the pre-colonial existence of the original-peasant indigenous nations and peoples and their ancestral domain over their territories, their self-determination is guaranteed in the framework of the unity of the State, which consists of their right to autonomy, self-government, culture, recognition of their institutions and the consolidation of their territorial entities, according to this Constitution and the Law. Art. 3.- The Bolivian nation is conformed by the totality of Bolivian men and women, the original-peasent indigenous...
04.01.11 | |

03 May

support for forms of self-determination short of full independence and for a principled way of ascertaining when more limited modes of self-determination are appropriate." S.J. Anaya and others have explained how this is owing to the fact that the notion of self-determination was historically forged largely in the context of the struggle against colonialism (hence self-determination was indissolubly linked to secession). Nonetheless, and as Ben suggests with regard to the Aaland Islands, "In the field of indigenous peoples' rights...international law may be coming to recognize that various forms of intrastate...
03.05.08 | |

19 Jul

...to the death. It was literally "Might makes right" and it was perfectly legal until the society evolved to see the absurdity of it. Self-defense, however, is not an antiquated and absurd notion, no matter what the likes of Rebecca Peters thinks. The laws that were slowly put into place were largely ineffective until the society in question saw the values of such laws. They were also simple regulations, such as laws concerning the length of the blade. The total bans on the carrying of rapiers, even though it's rather...
19.07.08 | |

02 Jan

The highly publicized McCain Amendment is now law. In order to secure the commitment of the President to support this statutory codification of the principle of humane treatment, Senator McCain agreed to the inclusion of a “superior orders” defense. The compromise legislation therefore provides that in any criminal or civil action against any employee of the armed forces or any other government agency for violation of this “humane treatment” mandate, obedience to orders may be raised as a defense. Accordingly, unless the activity forming the basis of the allegation is...
02.01.06 | |

27 Feb

...the Supreme Court of Appeal of South Africa too concurred with this approach, noting that allowing immunity to prevent arrest in such situations “would create an intolerable anomaly”. Highlighting the irony that Kenya’s government disregard of its international obligations in inviting al-Bashir to the inauguration of Kenya’s progressive Constitution, the Court also notes that the government’s actions violate a specific provision of the Kenyan Constitution itself. Article 143(4) of the Constitution reads “[t]he immunity of the President under this Article shall not extend to a crime for which the President...
27.02.18 | |

29 Jun

...detained by the Department of Defense at Guantanamo Bay, Cuba. These detainees may be tried via laws of war or pursuant to the Department of Defense’s Military Commission Instruction Number Two. Section 305: Appellate Jurisdiction: Under this title the U.S. Courts of Military Appeals shall have exclusive jurisdiction over appeals from all final decisions of a classification tribunal board or military commission. These decisions are then subject to review by the Supreme Court by writ of certiorari. Section 306: Military Commission: Establishes the military commissions; consisting of three military officers,...
29.06.06 | |