Search: self-defense
03 Sep Professor Heller’s defense of Kenneth Roth
...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 Jun Non-innocence Under Article 19(2)(a) UNCLOS: A Response to Cavalcanti de Mello Filho
...ICJ did in relation to Israel’s violation of the right of the Palestinian people to self-determination), when would a vessel transporting military equipment to that State be regarded as complicit or also engaged in the threat or use of force in violation of self-determination? This question, which is not the focus of this piece, is discussed in the legal opinion of ASCOMARE and is independent of the arguments made above. Regardless of what the threshold is or should be for a vessel to be regarded as violating principles of international...
05 May Symposium on the UNWCC: Defences and the UNWCC
...finding was exceptional; the only reported example of a successful defence argument in the 15 volumes. In another similar example where self-defence was attempted [Hangobl, vol. 14], involving an airman who had bailed from a faltering plane and found himself in Austrian territory in 1944, and a civilian who was part of the local defence force found him, the defendant reported that on seeing the airman reach towards his jacket, him shot him once as he faced him and once in the back as the airman turned to run away....
02 Dec An International Law Analysis of Black Panther: Wakanda Forever
...recognizes and seeks to undo differential colonial policies that privileged White economies over those of colonies; equally, PSNR concerns natural resources as a “means of subsistence” for a State and as a potential pathway toward economic freedom and self-sufficiency. Domestic economic growth is a sine qua non for the accrual of power and self-sufficiency in the modern international context, and as such, PSNR shares DNA with principles of self-determination and the right to development. In Resolution 1803 (1962), the General Assembly characterizes PSNR as a “basic constituent of the right...26 Feb International Law and China’s Domestic Reform – A Good Mix or Self-Defeating?
...group in particular — Zdenek Mlynar, Jiri Hajek, and Ladislav Hedjanek — seem to have developed the strategy of tying their advocacy directly to the Czechoslovak regime’s adoption of the Helsinki Accords into domestic law. The group called itself Charter 77, and its declaration expressly invoked both the human rights obligations the regime had agreed to as an afterthought, and the right of citizens themselves to monitor compliance with those obligations and report their findings to the world at large. Framing Charter 77 as a supportive response to Czechoslovakia’s adoption...
08 Jul Customary International Law Symposium: Rules Everywhere and At All Times (Whether You Like It or Not)
...where diagnoses about world problems and scholarly therapies always confirm one another, making one another look natural and self-evident. This genre has been flourishing in relation to customary international law. Professor Hakimi’s piece whose title is an explicit reference to such problem-solving and elucidatory agenda, follows that literary tradition. A defence of the International Law Commission (yes, this is possible!). Having myself taken issue with the work of the International Law Commission in no mild terms and on multiple occasions, I hope I can defend the Commission without being suspected...
16 Feb Symposium on Rewriting Histories of the Use of Force: Mnemohistory and the Affective Life of International Law – A Method for the Madness
[Miriam Bak McKenna is Associate Professor of Law and Global Governance at Roskilde University, School of Social Science and Business. Her book Reckoning with Empire: Self-Determination in International Law (Brill) was released in December 2022.] By now it is perhaps axiomatic to assert that the historical narratives surrounding international law are rather murky at best. As the canon of texts revisiting and critiquing these accounts expands, the creeping sense that international law finds itself in the midst of a George Santos style identity crisis continues to grow. History may be...
27 Jan The Russian Disinformation Campaign During the Romanian Presidential Elections: The Perfect Example of a Violation of International Law?
...of Internal Affairs, it is hard to say if there is enough evidence to attribute the responsibility for the breaches to Russia under international law (Art. 4-8 ARSIWA), and consequently to determine that Russia committed internationally wrongful act (Art. 2 ARSIWA). That in turn means that, to avoid violating international law itself, the safest option for Romania would be to limit itself to retorsions (as States often do in similar cases). When it comes to the reaction of international organizations, the European Commission has already opened formal proceedings against TikTok...