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Search: self-defense

06 Dec

[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...
06.12.22 | |

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 | |

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 | |

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 | |

27 Feb

...the Supreme Court of Appeal of South Africa too concurred with this approach, noting that allowing immunity to prevent arrest in such situations “would create an intolerable anomaly”. Highlighting the irony that Kenya’s government disregard of its international obligations in inviting al-Bashir to the inauguration of Kenya’s progressive Constitution, the Court also notes that the government’s actions violate a specific provision of the Kenyan Constitution itself. Article 143(4) of the Constitution reads “[t]he immunity of the President under this Article shall not extend to a crime for which the President...
27.02.18 | |

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 | |

02 Jan

The highly publicized McCain Amendment is now law. In order to secure the commitment of the President to support this statutory codification of the principle of humane treatment, Senator McCain agreed to the inclusion of a “superior orders” defense. The compromise legislation therefore provides that in any criminal or civil action against any employee of the armed forces or any other government agency for violation of this “humane treatment” mandate, obedience to orders may be raised as a defense. Accordingly, unless the activity forming the basis of the allegation is...
02.01.06 | |

09 Oct

...merely an artistic expression of Casey’s. The defense and prosecution will each present witnesses, expert testimony, and physical evidence to support their arguments. The pretrial issue involves the First Amendment’s provisions governing freedom of speech and expression. It focuses on the constitutionality of the School Violence in Video Games statute, which prohibits the possession of certain types of video games. The defense asserts that the statute is unconstitutional. First, the defense argues that video games are a form of protected expression because they contain expressive elements entitled to First Amendment...
09.10.06 | |

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 | |

08 Aug

I also want to welcome Professor D’Amato to Opinio Juris. And, in the typical Opinio Juris fashion, I want to welcome him by immediately taking exception to some of the arguments he put forward in his inaugural post. I agree that Judge Roberts should be held responsible for the D.C. Circuit’s decision in Hamdan as much as if he had written the opinion for the Court. I simply don’t find that decision as troubling as Professor D’Amato seems to. First, I guess I don’t find the D.C. Circuit’s...
08.08.05 | |

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 | |

20 Sep

...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...
20.09.10 | |