Search: self-defense
01 Apr Justice in Extreme Cases Symposium: The Harms of the Derelict Commander
[Saira Mohamed is Professor of Law at the UC Berkeley School of Law.] Darryl Robinson’s Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law offers a detailed and convincing argument for a mutually beneficial relationship between international criminal law and criminal law theory: just as criminal law theory can clarify and improve international criminal law, international criminal law can clarify and improve criminal law theory. Based in part on earlier published work, the book offers much to dig into, from a defense of deontic reasoning in international criminal...31 Dec The NDAA: The Good, the Bad, and the Laws of War–Part I
By Marty Lederman and Steve Vladeck* Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in the National Defense Authorization Act, which the President has just signed into law. One of the major disputes concerns whether and how the NDAA might alter the status quo. In this post, we’ll try to synthesize the competing views offered by David Cole and Raha Wala, who remain quite critical of the provisions because of the changes they possibly presage, with those...10 Apr If Only the Gitmo Detainees Could Hold a Tea Party (Updated)
...and have the other side drop useful evidence in your lap, as might happen in a criminal case. In the cited article, the exculpatory evidence was acquired by a defense attorney in a previous criminal case that was supposed to be presented to a Military Commission. That was a criminal case, and the government fulfilled its obligation to the defense. The judge may order the government to turn over to the petitioner information that might prove favorable to that side. That might be similar to Brady material, but it would...15 Jun Four Russian Soldiers Convicted of Killing Chechen Civilians
...tribunals, Article 42 of the new Russian Criminal Code does not limit the defense of superior orders to orders that were not “manifestly unlawful” — orders whose illegality a reasonable soldier would have recognized. On the contrary, a soldier is entitled to the defense under Article 42 as long as he did not actually know that the order was unlawful, a much higher standard: 1. There shall not be deemed to be a crime the causing of harm to the interests protected by the criminal law by a person acting...31 May VJIL Symposium: Jarrod Wong Comments on “Investment Treaties and Investor Corruption”
the treaties grant investors rights but not obligations, while imposing upon states obligations unaccompanied by rights. Accordingly, he suggests that the corruption defense effectively creates investor obligations, which begin to address the BIT imbalance. I am not entirely persuaded such a perspective adds to the analysis. After all, a corruption defense does not impose any meaningful obligation whose breach entitles states to bring claims against investors; it simply affords states cover from investor claims, cover that is surely undeserved if the states themselves participated in the misbehavior. In closing, let...15 Dec Congress Authorizes U.S. Offensive CyberAttacks
Ah, the 2012 National Defense Authorization Act… has any defense spending bill had so much defense-related legal policy embedded in it? In addition to all the very important stuff about military detentions, it turns out the NDAA also authorizes the U.S. military to engage in offensive cyber-attacks (h/t Gary Schmitt). Congress affirms that the Department of Defense has the capability, and upon direction by the President may conduct offensive operations in cyberspace to defend our Nation, allies and interests. The act further clarifies that such actions should be subject to...21 Mar The Broken Windows Theory of Corruption
Kudos to Daniel Chow and Mike Koehler for a wonderful conference last week at Ohio State Law School addressing the FCPA at thirty-five. It’s always a risk to hold a conference that mingles hard-core practitioners with soft and fuzzy academics, but this one seemed to work. The defense and prosecution side of the FCPA bar battled it out with competing panels addressing the merits and demerits of FCPA prosecutions. Charles Duross, the DOJ attorney in charge of FCPA prosecutions, gave a spirited defense of the Obama Administration’s robust enforcement campaign,...09 Mar Free Speech Curtailed Based on Government Security Interests
...significance of the government interest bears an inverse relationship to the rigor of the narrowly tailored analysis. In this case, there can be no doubt that the City’s interest in providing security to a gathering of defense officials is of the highest order. We also cannot ignore the fact that the City’s chosen method of providing security was part of a security protocol that was created by Department of Defense officials, NATO personnel, and various international defense agencies. Courts have historically given special deference to other branches in matters relating...
31 Jul Internships in International Criminal Justice Institutions
...by lack of payment, lack of healthcare, support for moving and transportation costs, and statements that there is no expectation on their part to be hired. Interns contribute essential work in all courts and tribunals, in all organs, including defense. Unpaid internships on defense teams raise equality of arms issues. Unpaid positions are fundamentally unfair to the people who undertake them, not only in terms of the lack of institutional support that they cannot negotiate away, but also in terms of obstacles to gainful employment within the institutions presented by...04 Jan Padilla versus Yoo
...bar. Non liquet Oops, I didn't even notice that Scott Horton made that point already on his blog at Harper's yesterday! Just Dropping By I suspect, for example, Yoo will argue immunity and get a government-funded lawyer in his defense (although he may well spend some money to retain his own counsel and maybe those costs could add up). Actually, I suspect that even if the government doesn't provide a lawyer, Yoo won't have to pay a penny because many of the same people who paid Scooter Libby's defense bills...