Search: self-defense
04 Sep Who Knew Al-Qassam Was the Most Moral Army in the World?
...have been delegitimized by those who seem to deny Israel's right to self defense. The British Colonel clearly puts these false and exagerated claims into context by comparing the IDF's performance against other armies of the World. He even uses the UK and US, who have undertaken similar operations in populated areas against terrorist militants, as an example. Have the UK or the US been the recipient of such an outcry by so called "legal experts" etc as the IDF/Israel? Funny that they both killed a larger number of civilians...25 Oct Due Process in Targeting
Jordan "[L]ethal" and "deliberate" targeting can occur many times per hour in the theatre during an international armed conflict or an armed conflict not of an international character. Obama's preference for "near certainty" with respect merely to "drone" targeting is not a requirement under the international laws of war or self-defense. Although the U.S. Constitution should apply with respect to everything the Executive does here or abroad, the question shifts to what does the Constitution require when force is used lawfully under the international laws of war and/or self-defense. For...05 May The bin Laden Aftermath: Why Obama Chose SEALs, Not Drones
Benjamin G Davis Brother McNeal - great stuff! I am not in Obama's head and not privy to those who structured the legal space. Your approach is plausible though I do note that Holder spoke in terms of the self-defense space and not the law of armed conflict. As I have said other places, the strongest of the trimodal categories for the legal justification are loac as you see, next law enforcement, and third self-defense (which I am sqeamish about its strength as a category). Best, Ben Josh I'm afraid...18 May “Necessity Knows No Law”
...generations. Our grandparents lived in an age when territorial conquest and colonialism were common place. The idea of the peaceful settlement of disputes was only beginning to gain traction. A century ago major powers bombarded the ports of struggling nations to secure the repayment of public debt. Their dream was that perhaps one day, in the distant future, international society would organize itself in a way that provided for collective security and defense. They were struggling with how to regulate the potential military abuses of that great new technology: the...18 May On Reviving the Commissions
...isn't protective enough to ensure that coerced statements get the appropriate treatment by the finders of fact at military commissions. However, in cases of coercion, I would think the judge has more options than that under the rules of evidence. The real question, raised by Glazier unless I misread him too, is how much evidence surrounding or relevant to the making of any statement being admitted will remain classified and potentially undisclosed to the defense. How can the defense argue voluntariness issues without knowing all evidence potentially relevant to that...04 Apr Remembering Martin Luther King, Jr. in the Age of “America First”
...that President Trump tries to make everything sound like a real estate deal while Dr. King spoke with the voice of a pastor, which some would dismiss as prophetic rather than pragmatic. But this would miss, I think, how MLK’s words from fifty years ago apply to the challenges we have before us today. Martin Luther King put himself in the shoes of others and spoke eloquently about their claims for justice. This technique of looking at the world from the standpoint of others is all the more vital when...23 Apr Students, Junior Faculty, and Human Rights Scholars are Delicate Flowers
conform to a demanding application of constitutional law and international law.” The bottom line is that I am not fully in a position to judge, but neither really are those students who chose to express their views as they did, nor are the academics who were asked and chose to sign the petition. Petitions that purport to know what is unknowable and not in the public domain are neither good individual defenses, nor are they robust defenses that advance the protection of human rights in the United States or elsewhere....08 Nov Saddam News
News involving Saddam to report: Saddam’s principal defense attorney, Khalil Duleimi, has accused the U.S. military of confining the defense team in the Green Zone since the verdict was announced, preventing them from returning to Amman. Dulemi believes that their confinement represents a deliberate attempt on the part of the military to deprive them of access to the media and human-rights organizations. Saddam’s defense team is also demanding that the IHT investigate last month’s ransacking of their office in the Green Zone. Intruders damaged and stole dozens of documents. Unless...
02 Apr Symposium on Military AI and the Law of Armed Conflict: Front- and Back-End Accountability for Military AI
...the earliest stage of development. The mission of the U.S. Defense Advanced Research Projects Agency (DARPA) is “to make pivotal investments in breakthrough technologies for national security.” It has a strong track record of doing so, having developed prototype stealth technology, miniaturized GPS devices, the micro-electro-mechanical systems which are now used in everything from air bags to video games, the technology that allows for voice-based interaction with handheld devices, and the digital protocols that enabled the Internet. It arguably has “the longest-standing, most consistent track record of radical invention in...17 Jan Martin Luther King Jr. and a Just World Order
...from dark and bloody battlefields physically handicapped and psychologically deranged, cannot be reconciled with wisdom, justice and love. A nation that continues year after year to spend more money on military defense than on programs of social uplift is approaching spiritual death America, the richest and most powerful nation in the world, can well lead the way in this revolution of values… This kind of positive revolution of values is our best defense against communism. War is not the answer. Communism will never be defeated by the use of atomic...