Search: self-defense
05 Dec "Why Don’t You Just Execute Us?"
legal conception that this should not be so; just as the United States of America, … always demanded that neutrals, or neutrals and representatives of all parties, should be called to the Bench….” But this motion was not filed by defense counsel for Saddam Hussein. No, this motion was filed in November 1945 by defense counsel near the beginning of the Nuremberg trial challenging the legitimacy of that tribunal. Today, Saddam Hussein is trying the same approach. Here is a brief excerpt of the exchange at Hussein’s trial today: Judge:...31 May VJIL Symposium: Introducing “Investment Treaties and Investor Corruption”
quite limited. There was little in the Siemens award itself to suggest that Argentina had much, if any, chance of convincing the committee to annul the award. Bilateral investment treaties (BITs) are famously asymmetric. They grant investors rights but not obligations, while imposing upon states obligations unaccompanied by rights. Recent cases suggest, however, that BIT tribunals are poised to recognize a defense to state BIT liability that, in effect, imposes upon investors the obligation to avoid involvement in public corruption in the course of making a treaty-protected investment. In this...27 Jan In Defense of Minimalism: A Response to Vlad Perju
...“inspiration” from the various “constitutional traditions common to the Member States” (as the Court puts it), the Court has begun to develop a jurisprudence of “general principles of law,” in order to redeem the EU’s self-conception as a “community based on the rule of law.” Those principles—developed by the Court sua sponte—have enabled the Court to incorporate, within “the structure and aims of the Community,” the substance of the European Convention on Human Rights (ECHR), as well as fundamental rights protected by national constitutions. The Court must decide crucial social...
27 Apr MH-17 Trial: U.S. Satellite Imagery and Foreign Confidential Intelligence in a Public Trial
...unclassified secret sources that he was shown during an intelligence briefing with several U.S. officials. In its reaction on the 26th of June to the Defense request to hear Stolworthy from the Office of the Director of National Intelligence concerning the written statement, the PPS mentions that not all underlying sources could be seen anyways by the National Public Prosecutor for Counterterrorism, Intelligence and Security Services. For this reason, the PPS emphasizes that as a result of this deficiency in the evidence. “[the] court will have to take this into...08 Apr A Defense of Foreign Policy Schizophrenia
Chris makes some very good points about the Bush Administration’s foreign policy “schizophrenia” and listing the nomination of Bolton as symptomatic of the problem. Not surprisingly, I disagree. I think this “schizoprenia” is actually a good thing. I do agree that there is some back-and-forth in the Bush Administration’s foreign policy recently, but I actually think this reflects an increasing sophistication rather than increasing confusion. Indeed, the main complaint up to now with the current administration has been that it has been way too consistent in the pursuit...
06 Dec Symposium in Remembrance of Judge Antônio Augusto Cançado Trindade: A Formalist’s Defense of Judge Antonio Cançado Trindade
[Moisés A. Montiel Mogollón is a Professor at the Faculty of Law at the Universidad Iberoamericana, Mexico City Campus and Universidad Panamericana, Guadalajara campus (Mexico).] Summary The late judge Antonio Cançado Trindade is often criticized by legal formalism on account of his interpretive elasticity when positive law failed to meet the most “elementary dictates of public conscience”. This piece -a homage from the enemy trenches- aims to reclaim his contributions and frame them as a necessary reminder for law-makers and operators, rigorous and meticulous in the method...29 Jun Can Congress Reverse Hamdan? (Updated)
...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,...06 Dec Rice Offers Legal Defense of Rendition
...statement' with 'stonewall'. Seriously now, everyone is entitled to a personal opinion on how to deal with one's enemies (including advocacy of pre-enlightment techniques, as the anonymous poster above does). But when such individual is a college professor, even if its at the blog level, he should be much more careful with his choice of words when commenting on very serious allegations of very serious international law infringements. Diogenes My question is this: Does Julian desperately want to believe or is he participating in the charade himself? Condi's statements were...