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Search: self-defense

05 Dec

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:...
05.12.05 | |

27 Jan

...“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...
27.01.09 | |

10 Nov

...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...
10.11.23 | |

08 Apr

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...
08.04.05 | |

27 Jul

...Trial Chamber and Registry to address defense concerns in the lead-up to the trial may have encouraged smoother proceedings. Taylor’s first defense team left the case due to concerns over inadequate resources and time to prepare, leading to the appointment of a second team and a hiatus in proceedings. These challenges underscore the value of previous complex criminal trial experience among judges who adjudicate these cases. The three judges of Trial Chamber II, while experienced jurists, did not generally join the Special Court with such extensive experience. Finally, the provision...
27.07.12 | |

19 Jan

As the NYT reports, the U.S. Justice Department has released a memo defending the legality of the controversial NSA spying program. The NYT (of course) barely describes the memo and then devotes half of the article to quotes by legal experts who say it is unpersuasive. Dean Robert Reinstein speaks of a scholarly consensus that the NSA program is illegal. Unbelievably, Marty Lederman of Balkinization has not weighed in yet (I spoke too soon, Marty is on the case here and Orin Kerr is on the case here),...
19.01.06 | |

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 | |

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 | |