Search: self-defense
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...
10 Nov Security Challenges in the Black Sea: Military Exercise or a Navy Blockade? Analysis of the Russian Navy Activities in Bulgaria’s Exclusive Economic Zone in the Black Sea
...of the country, as the ships will be not only protected by the state, itself but in case of an armed attack of a vessel, Bulgaria could invoke Article 5 as a NATO member state. Despite the increased shipping distance, merchant ships’ security in the Black Sea will be better guaranteed if they pass by the territorial waters of Romania and Bulgaria to Turkey avoiding the EEZ zones. Bulgaria cannot currently use its EEZ zone effectively and high defense investment is necessary in its navy and coastal defense in case...30 Jan Investment Protection in Extraordinary Times: A Reply to Professor Franck
...fall within the scope of the NPM clause from the substantive protections of the BIT and thereby preclude liability. Professor Franck is correct to note that in most cases the affirmative defense of necessity in customary international law should be unnecessary where a BIT contains an NPM clause. More specifically, where a treaty contains an NPM clause of comprehensive scope, the narrow necessity defense under customary law will generally not become relevant. NPM clauses are generally drafted to provide states greater flexibility to respond to emergency situations than would have...20 Sep Detention in NIAC — A Reply to Wittes and Chesney (and a Defense of Vladeck)
...geographically connected to a NIAC. Wittes and Chesney’s claim that those rules permit the detention of anyone who “materially support” terrorism is still questionable. Most importantly, nothing in conventional IHL explicitly authorizes detaining anyone in NIAC. Common Article 3 and the Second Additional Protocol impose restrictions on how detainees can be treated; they do not authorize detention itself. That does not mean, of course, that IHL is silent concerning detention in NIAC. It is still possible that such detention is inherent in conventional IHL or that there is a customary...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...
23 Feb Pathways to Justice for the Downing of Flight PS752
...we fight for and what unites us is justice, justice, justice.” In the early hours of January 8, 2020, Iran carried out missile strikes against US bases in Iraq in retaliation for the assassination of Qassem Soleimani, head of the Islamic Revolutionary Guard Corps’ (IRGC) Quds Force. The IRGC expected US retaliation within minutes and therefore added air defense systems to the Tehran vicinity. Despite the immediate risks, Iran kept its airspace open to civilian aircraft. Hours later, an IRGC Air Defense Unit (ADU) stationed near Imam Khomeini Airport (IKA) fired two missiles approximately 30 seconds apart...
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...29 Nov Wikileaks and the Espionage Act
the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter; or…. (e) Whoever having unauthorized possession of, access to, or control over any document, writing, … or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to...08 May Jus Post Bellum Symposium: In Defense of a Central Role for Sovereignty in the Jus Post Bellum Conversation
...or the rule of law. In this sense, it is important not to confuse the empirical reality of how the concept evolved and is used on the discourse, and the concept itself. Which leads me to the second idea : sovereignty, in one form or another is a sociological necessity. What I mean by this is that sovereignty, in its simplest definition of a delegation of power (legislative, executive, judicial, police, administrative, etc.) to centralized authorities is an inevitable phenomenon in any human community that reaches a critical mass. This...
23 Jul In Defense of Process: Why States Should Not Nominate New Candidates for ICC Prosecutor
...reference check (para 33). The report also explained that experience, by itself, was not the most important criterion; rather, it was competency. How, the Committee asked, did the candidates “demonstrate certain behaviours/skills” not merely by virtue of their resume, but “within the strategic context in which the ICC is situated” (para 37)? As Ambassador Sabine Nolke, the committee’s chair, later put it, “The fact that you’ve done something in the past doesn’t mean you’re the right person to do it again.” At the same time, the report is also refreshingly...