Search: self-defense
06 Oct The Raids in Somalia and Libya – Theories of Self Defense?
must be permitted time to find him and then time to try to obtain consent of the govt. of Libya even though that is not required with respect to lawful measures of self-defense. E.g., 19 J. Transnat'l L. & Pol'y 237 (2010), http://ssrn.com/abstract=1520717 Self-defense with respect to al-Shabab is certainly clearly permissible. Moreover, these efforts at self-defense capture may have been with the consent of the govt. of Libya (which it has reason domestically to not disclose --- but may come up at trial) and Somalia. Self-defense captures are recognizably...08 Oct Eric Posner Rejects the “Unwilling or Unable” Test!
approval of the U.N. Security Council, in self-defense, or with the permission of the country in which military force is to be used. The U.N. Security Council never authorized the drone war in Pakistan. Self-defense, traditionally defined to mean the use of force against an “imminent” armed attack by a nation-state, does not apply either, because no one thinks that Pakistan plans to invade the United States. That leaves consent as the only possible legal theory. In other cases, including current drone operations in Pakistan, the United States has invoked...19 Sep Harold Koh on International Law in Cyberspace
Jordan Response... Also, I find this interesting: in unresolved Q 1 Harold states that the U.S. view has long been that there is a right of self-defense against "any illegal use of force" but, "on the other hand, ... some governments and commentators" do not and that they view "armed attack" as triggering the right of self-defense [I have to include myself among such commentators, but I note that "armed" can include use of a "weapon," such as a cyber-"weapon", gas, chemical weapons, etc., at least if they have a...23 Jun The Downing of the Syrian Fighter Jet and Collective Self-Defence
...Self-defense is a justification, that is legally-warranted exception to a general prohibition. As such, it is a way out of illegality. The rules of engagement are authorization to use force in circumstances other than self-defense, issued by the military. ROE do not influence the right to self-defense, which is regulated by a different set of rules. During an attack or when an attack is imminent, ROE do not apply. They apply in case of hostile intent or a hostile act, which are situations other than attack. federico In a non-international...08 Apr Let’s Call Killing al-Awlaki What It Is — Murder
...as “self-defense” does not provide a CIA interrogator — contra Yoo’s notorious 14 March 2003 torture memo — with a defense to torture. To be clear, that does not mean a CIA operative could not argue self-defense in a murder prosecution. The defense would apply — but it would be governed by the normal requirements, most relevantly that the operative must have reasonably believed that lethal force was necessary to prevent the imminent use of deadly force. The CIA operative would thus likely be entitled to the defense of self-defense...17 Mar International Law and The Second Amendment
...et de Duello was one of the first attempts to establish international rules for warfare. Legnano’s treatise closely examined the individual right of self-defense as the basis of establishing a derivative right of a nation to engage in war. Legnano believed that, “self-defense proceeds from natural law, and not from positive law, civil or canon.” Self-defense was not an artificial construct of positive law, but instead was an inherent instinct. Legnano did not confine the natural right to merely protecting one’s life. He explained that self-defense was proper not only...