Search: self-defense
23 Aug There is no Palestinian Private Property That Stands Before the Will
on the agenda, and therefore the “proprietary” mechanism that allows the taking (without compensation) of private Palestinian land for Israeli settlements was recognized, as requested by the Minister of Defense and Israel’s Attorney General (AG). The Rehearing of the Saliha Case Following the original decision, the Minister of Defense and the AG requested special permission for a rehearing before an extended panel of justices of the Supreme Court. They were troubled with the bottom line of the judgment – the need to vacate the outpost. The AG believed that the...
30 Mar The Iranian School Strike: Excusable? A Violation? A War Crime?
...out. Second, there are indications that artificial intelligence (AI) played a role in the designation of the school as a military objective. If so, what does that tell us about the wisdom of outsourcing life and death decisions to a machine? That issue is at the heart of the Trump administration’s present dispute with Anthropic and its AI chatbot, Claude. It may be argued that machines are less fallible than humans. There is evidence, for example, that humans cause more accidents, per capita, than do self-driving cars. This analogy is,...02 Nov The Nuremberg Military Tribunals and Contemporary International Criminal Law
...Mental Element of the Crime of Aggression and Mistake of Law One of the striking features of the Rome Statute is its criminal law “general part”, by far the most comprehensive of its kind ever found in a treaty. This includes, in Article 30, a default rule as to the “mental element” applicable to the “material elements” of the crimes within the jurisdiction of the Court. “Unless otherwise provided” (and the Statute is, itself, thin on “otherwise providing”), there must be “intent and knowledge” in respect of the material elements....14 Jun What do Appropriate Due Diligence Measures for Nonstate and Substate Partners Look Like? Part II: A Sample of US Practice in Iraq, Syria, and Afghanistan
...basis. The below case studies will also not get into an analysis of the degree of state responsibility or obligation that might be inferred based on the degree of US support to, or control or direction over, the groups in question. In addition, it is worth noting that the ODI-GPPi study itself is not purely focused on legal risks; it also considers how such mechanisms attempted to address other policy commitments, for example, to mitigate security risks or diplomatic consequences surrounding these forces. However, a substantial focus of many of...07 Jul Ryan Goodman to Work at DoD for One Year
Ryan — friend of Opinio Juris and friend of Kevin — has been appointed Special Counsel to the General Counsel of the Department of Defense. Here is a snippet from NYU’s press release: In his new role at the Department of Defense Goodman will focus primarily on national security law and law of armed conflict. “I am very humbled to have this opportunity to work with the General Counsel and the outstanding people of the Defense Department,” said Goodman. “I look forward to the hard work and challenges ahead in...11 Jun Gates on the Dimming Future of NATO
capable partners in their own defense,” Mr. Gates said. Mr. Gates complained of what he called a “two-tiered” membership structure, “between those willing and able to pay the price and bear the burdens of commitments, and those who enjoy the benefits of NATO membership but don’t want to share the risks and the costs.” He added that some NATO partners are “apparently willing and eager for American taxpayers to assume the growing security burden left by reductions in European defense budgets.” The broader issue is that nations commit major resources...08 Aug Commemorating Hiroshima — Was it a War Crime?
...out by the Luftwaffe rather than the 2nd SS Panzer Division? And here’s a snippet from Ronald Radosh’s opening argument, for the “defense”: The essence of Nobile’s case is based on a highly legalistic and a-historical citation of Article 6 of The Nuremburg Charter. Nobile takes it further, by extending the description of war criminal to Truman’s entire atomic cabinet, his chain of command, the pilots on the Enola Gay, and all those politicians who through the years have praised what he calls “the atrocities of Hiroshima and Nagasaki.” His...