Search: self-defense
05 Mar If Unilateral Force Becomes Normalized, Who Will be Disciplined Next and by Whom? The Structural Vulnerability of Third World Sovereignty
...integrity or political independence of States. Self defence is an exception under Article 51; and and actions authorized by the Security Council are deliberately narrow (see UNSC Res 678 (1990), UN Doc S/RES/678 ; UNSC Res 1973 (2011), UN Doc S/RES/1973). The International Court of Justice (ICJ) has consistently interpreted the “inherent right” of self defence under Article 51 in the decisions of Nicaragua v United States and Iran v United States only arising “if an armed attack occurs” requiring a threshold of gravity, necessity and proportionality. The architecture of...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’...
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...23 Jul Self-Aggrandizement Alert: Two New Publications
I’m delighted to announce the publication of two new essays. The first is “The Use and Abuse of Analogy in IHL,” which is a chapter in Jens’s edited book for CUP, “Theoretical Boundaries of Armed Conflict and Human Rights.” I’m very proud of the essay — and all of the contributions to the book are excellent. The second publication is my article “Radical Complementarity,” which has just appeared in the Journal of International Criminal Justice. Here is the abstract: In March 2015, a domestic court in Côte d’Ivoire...13 May Is Democracy Possible Beyond the State?
of your book appears to be a little “determinist” to me. You are saying certain trends are inevitable and there is nothing that we can do about it. This sounds like a negation of free will and democratic self-government. You appear to be saying that there is nothing that a free people (who would be upset) by the decline in the meaning of citizenship can do about reversing this negative trend. We are not free, we can not exercise democratic self-government appears to be the message. This is the opposite...
20 Aug Muddying the Waters Still Further: A Response to Steven Kay and Joshua Kern
...each group acquired rights which it could not be forced to renounce.” (UN Doc. A/C.1/SR.127, 27 April 1948, p. 108). The Palestinian state established over the territories occupied by Israel in 1967, including the West Bank, East Jerusalem and Gaza strip, is in exercise of the Palestinian people’s right to self-determination as recognized by the international community. The right of self-determination is widely acknowledged as a peremptory norm of international law. Only the Palestinian people and their political representatives have a legally valid claim to any part of these territories....13 Apr VJIL Symposium: Bâli Answers to Shambayati and Ginsburg
...self-governance from partisan politics. Rather, I argue, self-governance mechanisms that are representative of the judiciary as a whole – not exclusively judges from the highest courts – are an understudied but important feature of institutional design in post-authoritarian transitions. More specifically, I argue that the concept of judicial “independence” should include independence from elite capture when transitioning from the rule of the few to the rule of the many. When mechanisms of judicial self-governance – such as judicial councils that govern appointments, promotions and discipline of judges – are dominated...
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...
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...
13 Aug Why the Executive Order on the ICC is Unconstitutional and Self-Defeating
...Foreign States Second, the Rome Statute is an international treaty that supplements, but does not supplant each State Party’s right to exercise jurisdiction over criminal suspects who are either their nationals or who commit crimes in their territory. As such, every State Party can choose to exercise that jurisdiction itself or to delegate that jurisdiction to the International Criminal Court. This EO, if implemented, would directly interfere in all 123 State Parties’ own sovereignty by penalizing their right to make that choice. Hypocritically, the US itself is not a State...