Search: self-defense
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...
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...
20 Jan The United Nations General Assembly Request to the International Court of Justice for an Advisory Opinion: (Some) Reflections
...life; trust/self-determination; and temporariness. The tests are international humanitarian law (IHL)-based, but they also include non-IHL rules, such as those pertaining to annexation, self-determination, and others. I note that the commission only summarizes its understanding of the test drawn up by Lynk and others, but shifts its focus to two indicators: permanence and annexation. When treated separately, acting contrary to these fundamental tenets would amount to (mostly) singular violations. When grouped together, they are seen as creating an unlawful situation (although for Lynk, the violation of one would seem to...
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...09 May A Thought Experiment About Complementarity and the Jordan Appeal Decision
...President to the ICC. Instead, exercising its right under Art. 17 of the Rome Statute, it prosecutes him for genocide itself. I see nothing in the Jordan appeal decision that rules out S3. If the ICC arrest warrant entitled Beta to arrest and surrender the President of Alpha to the ICC despite his HoS immunity, surely it entitled Beta to arrest the President and prosecute him itself. The principle of complementarity is a foundational part of the ICC’s jurisdictional regime. Beta has thus managed to evade HoS immunity simply by...31 May More Relentless Self-Promotion: Ku on TV
All right, it’s not the Today Show, but for anyone in the New England area who might be interested (or curious what I sound like), I will be discussing Amnesty International’s recent human rights report on “Nite Beat with Barry Nolan” around 7:30 p.m. tonight on CN8, which is part of The Comcast Network. Also featured will be the head of Amnesty’s New England chapter....
10 May Rerouting Parts of Ukrainian Internet Traffic – A Violation of the Principle of Non-Intervention?
...on its own is already difficult to determine in practice, even before adding self-determination – another difficult to grasp principle of international law with its own contradictions, particularly in a context involving Russia and Ukraine – into the mix. However, the argument in favour of reconceptualising non-intervention in line with self-determination points to the core of why it seems dissatisfactory that non-intervention does not apply to many forms of foreign election interference: even where activities in question do not digitally alter the result, the ability of voters to independently and...