Search: self-defense
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....25 Jun Linos Book Symposium: Comments by Ryan Goodman
...support for a policy if foreign countries have adopted or global institutions have recommended the policy. Second, the data are based on self-reported levels of information. And, we can easily imagine that self-understanding and self-reporting of one’s own awareness of social policy is systematically skewed (e.g., in favor of reporting overconfidence generally, over- or under-reporting confidence among particular types of individuals). Third, cases in which low-information subjects responded more strongly may mask a spurious correlation. That is, another factor—e.g., lack of concern about the social policy—might lead both to individuals’...
15 Dec Why Ukraine and the International Community Should Demand that Russia Renounce Territorial Expansion
...Obligations: Russia recommits itself to never expand its de jure or de facto borders, either through aggression, accepting union with another entity, or any other means. It will never again invade or occupy territory, nor displace the sovereign authority of another outside its own territory. No additional numbers of military personnel under Russian control will leave Russian soil. 3.2 Interpretation: No conduct by any other entity shall be used as an excuse for a violation of this commitment, including preparations for self-defence against Russia. 3.3 Enforcement: This shall be enshrined...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...
23 Apr The Political Price of Apologies: Why States Balk at Historical Apologies Despite Limited Legal Risk
...described apologies as Apologies are speech acts that have the power to, in the words of Barkan, “amend the past so that it resonates differently in the present for those who feel aggrieved by it or responsible for it.” For the magic of these speech acts to be realized, however, it must be preceded by an internal process of critical self-examination and self-interrogation that makes the political event of an apology possible. For colonial states, this usually means reckoning with significant parts of their history, their self-image and their political...
15 May The Legality of Uganda’s Military Intervention in South Sudan
...(IHRL). In addition, there is also a serious question of whether such an intervention in a civil war is compatible with the principle of self-determination. Intervention by Invitation Intervention by invitation, or ‘military assistance on request’ refers to the deployment of armed forces by one state to the territory of another state upon the latter’s request. The request must reflect the expression of will and the consent of the requesting state (Rhodes Resolution, article 1). Intervention by invitation is generally lawful as a matter of jus ad bellum. Article 2(4)...22 Jan Massachusetts High Court Finds Vienna Convention on Consular Relations Self-Executing?
Actually, I am not quite sure, since all I have is this report on the recent decision of the Supreme Judicial Circuit of Massachusetts holding that the Vienna Convention on Consular Relations gives foreign nationals legal rights to the notification of their consular officials if they are arrested by Massachusetts authorities: Massachusetts, Cordy wrote, will take steps now to bring the state into compliance: “In order to enable the full effect to be given to [the Vienna Convention], we conclude that the notifications it requires must be incorporated...
25 Aug Symposium on The Sentimental Life of International Law: On Lateness, Style and Sentiment
...effect and a very difficult one to achieve at that. This is a book that insists on its style, or the sylishness of is prose, and not only that, insists that we read this surface as the ‘thing itself’. And the style is, in turns, ironic, self-deprecating, cosmopolitan, wearing its hard earned learning lightly, self-aggrandizing. It is arch, self-conscious, always aware of the moves and counter-moves; how the game of the academic is played. And yet, also somehow gently nudging itself beyond the certainties of the doctinalist and the ironic...
06 Sep Once Again: Drone Killings and International Law
...because of effective control, or if the State of sojourn offers the terrorist actor protection and is unwilling or unable to take effective action against it (cf. once again BVerfG, 2 BvE 2/16, paras. 50–51). In this case, an international armed conflict may even arise between the attacking State and the State of sojourn (ICRC Commentary, para. 511). A prerequisite for invoking self-defence, however, is that the use of force against which the attacking State is defending itself exceeds the threshold of an “armed attack” within the meaning of Article...
08 Jul The Sum of Four Fears: African States and the International Criminal Court in Retrospect–Part II
...strategy of soliciting self-referrals and ‘selective, self-serving readings of the Statute’s complementarity provisions’, the Court and its supporters have deliberately sought to abandon the ‘horizontal framework’ contained in the Rome Statute (‘rooted in State consent and deferential to the State’s primacy of action regarding criminal prosecutions’) in favour of a ‘vertical framework [where]… the Court enjoys priority over the national jurisdiction, incorporating notions of superior supra-nationality as an international body and implying a relationship of authority by intervening in the domain of domestic affairs’. Such a shift would be the...