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Search: self-defense

29 Nov

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...
29.11.10 | |

25 Sep

...which he says there is a risk of the case going to trial without the defense obtaining all “potentially exculpatory evidence.” ”In my view,” he wrote, “evidence we have an obligation as prosecutors and officers of the court has not been made available to the defense.” Vandeveld also wrote that he has come to accept certain facts that could favor the defense in the case, so he asked to quit the prosecutor’s office and serve out his reserve duty in Iraq or Afghanistan. He wrote that Jawad was captured at...
25.09.08 | |

12 Aug

the Rwandan prosecutors regarding the link between the alleged genocide denial and Erlinder’s pleadings as a defense counsel in the Military I case. For example, according to one statement, “during the Military I Trial at the ICTR, Carl Peter Erlinder denied and downplayed genocide. He managed to prove that genocide had not been planned nor executed by the military officials he was representing.” The Court itself concluded that Erlinder should “answer for his acts at the ICTR.” To be clear, although it is unconscionable to persecute a defense attorney for...
12.08.10 | |

24 Apr

[Sari Bashi is Executive Director at Gisha – Legal Center for Freedom of Movement.] This is the second post of our Symposium on the Functional Approach to the Law of Occupation. Earlier posts can be found in the Related Links at the end of this post. I am grateful to Opinio Juris for hosting this symposium in its best tradition of fostering robust debate on cutting-edge issues in international law and to Aeyal Gross for providing the theoretical framework for understanding Israel’s obligations in Gaza. As the director...
24.04.12 | |

19 Apr

[Jennifer Trahan is Associate Clinical Professor, at The Center for Global Affairs, NYU-SPS, and Chair of the American Branch of the International Law Association’s International Criminal Court Committee. The views expressed are those of the author.] Postings on Opinio Juris seem fairly squarely against the legality of the U.S. missile strike last week into Syria. Let me join Jens David Ohlin (blogging on Opinio Juris) and Harold Koh (blogging on Just Security) in making the contrary case. When NATO intervened in Kosovo in 1999, member states did not...
19.04.17 | |

03 Sep

...that Israel believed necessary to neutralize the Hezbollah threat. Eye-for-an-eye is an accurate description of the French/Kofi Annan interpretation of the proportionality doctrine, and of the Heller-HRW caricature of Israeli strategy, not of Israeli strategy itself. Is it proper for Israel to use that force necessary to neutralize the threat? I believe it is and that is the way all states engage in warfare and that France, Russia etc. misinterpret the doctrine of proportionality. Perhaps Heller-HRW believe otherwise; if they do, I would much prefer that they have the intellectual...
03.09.06 | |

04 Sep

The Australian is reporting that Tanzanian police have arrested Callixte Gakwaya, a defence attorney at the ICTR, on suspicion of involvement in Rwanda’s 1994 genocide. “He was arrested yesterday. He is now in custody,” regional police commander Basilio Matei said. According to the arrest warrant, Gakwaya – who leads the defence team of a genocide suspect whose case comes up before the ICTR in January – supervised road blocks and massacred Tutsis as they tried to flee the Rwandan capital. “Several Tutsis were killed,” according to the warrant....
04.09.06 | |

20 Nov

...defense, much to their concern: Saddam’s defense team complained on Wednesday that despite “repeated requests” it had not received a copy of the verdict so that it could begin work on an appeal and lodge it with the court within the 30-day deadline after the November 5 verdict. Chief counsel Khalil al-Dulaimi accused the Iraqi High Tribunal, the court that tried Saddam and seven others for crimes against humanity, of “pursuing its continued efforts to obstruct the efforts of the defense to submit a legal … appeal against the unjust...
20.11.06 | |

21 Sep

...militants were killed when Turkish warplanes hit Kurdistan Workers Party (PKK) camps in northern Iraq overnight, security sources said on Saturday, as Ankara shows no sign of easing up strikes on insurgents ahead of a Nov. 1 election. Russia’s Defense Minister Sergei Shoigu told his U.S. counterpart on Friday that Moscow’s military activities in Syria were “defensive in nature,” a senior U.S. defense official said after the 50-minute phone call. Asia Russian President Vladimir Putin has backed the establishment of an airbase in neighboring Belarus, the latest move by Moscow...
21.09.15 | |

25 Jun

Joe Film casting is so rarely done with any logic in mind. Look at Zang Ziyi being cast in "Memoirs of a Geisha". The Japanese community was terribly offended. But Hollywood studio executives don't really care about accuracy or even political correctness. Their main goal is to fill theater seats with people, and Britney Spears will do that. Anderson I think Britney took that <a href="http://www.eonline.com/uberblog/b101256_kate_winslets_prophetic_joke_holocaust.html">Kate Winslet self-spoof</a> too seriously. Anderson Oops, dunno how that hoppened. M. Gross I see no way this could possibly end in tragedy. Time Travel,...
25.06.09 | |

10 Feb

...in Japanese Corporate Law and Corporate Governance: Current Changes in Historical Perspective, 49 Am. J. Comp. L. 653). The U.K. system maintains a good balance by putting strong regulations on both buyers and sellers—that is, requiring buyers to make mandatory bids for all shares and prohibiting incumbents from any defense. The U.S. system maintains another good balance by putting weak regulations on both buyers and sellers—that is, not requiring buyers to make mandatory all-share bids but allowing boards to implement defenses. Japan’s system takes the U.K.-like takeover rule and the...
10.02.11 | |

26 Jul

...What’s missing, in short, is society.” (p. 173) For Witt, what’s required instead is a social history of the Court and international law. What should we make of this critique? Based on my previous post worrying that the social, political, and cultural context of the Court’s work might be obscured by the book’s grand narrative, one might expect me to agree with Witt. And at a certain level, I do. In fact, I’ve previously made a call for exactly that kind of social history myself. And yet, I can’t help...
26.07.11 | |