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...17 May The Real Star Wars: If Only They Had Lawyers
...to annhilate something half a world away? As the article noted, these very costly programs would only represent a minute upgrade in capacity over what we can do now with cruise missiles. Somehow I just think that the DoD should come up with better ways to spend the money...like missile defense, cruise missile defense, improved UAV's, something that makes multi-billion dollar cruisers able to defend themselves against tiny boats packed with explosives, etc.But of course, my impression could be a result of the bias of the NYT, so I guess...12 May Everybody Has Friends, Why Not the ICC: On the Court’s Power to Appoint Amicus Curiae Prosecutors
...Statute. The Office of the Prosecutor should not have to go to great pains to convince the Chamber to reject the Defense request. Although a Chamber may refer facts to the Prosecutor, the choice of whether and how to proceed, including what safeguards against possible conflicts of interests to put in place, is clearly hers. Specifically, pursuant to article 41(2) of the Statute, the Office shall act independently, and neither solicit, nor accept instructions from any external source. However, the Ruto Defense may reconsider the relief sought and ask the...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...16 Jun The ICC Stays Lubanga’s Prosecution — and May Let Him Walk…
unable to disclose more than 200 potentially-exculpatory documents not only to the defense, but even to the Trial Chamber itself: 64. The prosecution is unable to disclose any of these items of evidence to the accused, in full or in a redacted form. Furthermore, save for a limited number of documents (32) that have been supplied to the Chamber by six unidentified information-providers in redacted form, the prosecution (given the terms of the agreements) is unable to show them to the Chamber. This is because the information-providers do not consent...