Search: self-defense

19 May Guest Post: Official Act Immunity – Getting the Answers Right

...immunity is a substantive defense, then there is indeed a tension between the attribution point and the 2001 Draft Articles on State Responsibility, article 58 of which expressly states that its rules on attribution are “without prejudice to any question of the individual responsibility under international law of any person acting on behalf of a State.” If immunity is a procedural defense, however, one that does not go at all to individual responsibility but instead to available fora, then the purported tension – or what Bill calls a flat contradiction...

15 Jun Drones and Targeting

closed doors this week in the Senate. Because, from all indications, Carl Levin’s Senate Armed Services Committee is conducting its multi-day committee mark-up of the FY 2012 National Defense Authorization Act - concluding late Thursday evening - entirely in “CLOSED” committee session. Jordan Response... The President already has constitutionally-based authority to engage in permissible self-defense under Article 51 of the U.N. Charter -- Obama's duty and competence faithfully to execute the laws, which (of course) include treaty-based and customary international law. Constitutional "principles" do not limit the President's competence to...

22 Apr Have Laptop, Will Defend

P.S. O'Donnell I wonder if there is any significant difference in the "inequality of arms that exists between the prosecution and defense at the international tribunals" and the selfsame inequality which exists in the U.S. See, for instance, Angela J. Davis, Arbitrary Justice: The Power of the American Prosecutor (New York: Oxford University Press, 2007). Una Grim LOLz. The ICTR intern horror stories never cease. Una Oh, but apparently the computers provided for everyone who doesn't work for the Defense are old and constantly breaking down....

31 Aug ACLU Sues Obama Administration Over Targeted Killings of U.S. Citizens

M. Gross Isn't there a gigantic standing issue with this suit? Jordan Response... For a view that the self-defense paradigm is different than both the mere law enforcement and the mere law of war paradigms and a view that targeted killings in self-defense can be permissible under international law (which, if so, can enhance presidential power, since the President has the constitutionally-based authority, and duty, faithfully to execute the law, which law includes treaty-based and customary international law), see http://ssrn.com/abstract=1520717 Jordan Bemused Response... Bemused " Isn’t there a gigantic standing...

20 May The Rehabilitation of John Yoo?

The June 2008 issue of Esquire magazine has a feature piece on John Yoo by John H. Richardson, plus an on-line transcript of part of Richardson’s interview and an autobiographical sketch by Yoo himself. Although framed as a cautionary tale, the article clearly seeks to humanize Yoo. The reader gets a view of Yoo the professor, questioning students on what “war” is in an elegant blue suit offset by a shiny tie (sorry, unlike many Esquire articles there’s no brand name given or price tag). We learn about his personal...

10 Oct How to Get Quirin Right When Quirin Was Wrong

On Monday, the defense in the Al Bahlul case filed their reply brief. The case is important because it squarely presents the issue that was left hanging after Hamdan, i.e. whether the military commissions have jurisdiction to try inchoate conspiracy. It also raises the far deeper question of whether the jurisdiction of the military commissions is limited to offenses against the law of nations (the international law of war), or whether the military commission’s jurisdiction to try law of war offenses includes domestic offenses as well. The government has repeatedly...

26 Apr Russia “Suspends” Participation in Conventional Forces Treaty

Maybe Duncan or others can help me out here, but how exactly can Russia legally “suspend” its participation in the Treaty on Conventional Forces in Europe, as the Washington Post reports today? Russia is unhappy about the planned deployment of a limited NATO missile defense system in Europe. Under the treaty’s Article XIX, the Treaty is of “unlimited duration”. Russia has “the right to withdraw from this Treaty if it decides that extraordinary events related to the subject matter of this Treaty have jeopardized its supreme interests.” Under Article 57...

29 Jul Military Commissions Moving Ahead

Cross-posted at Balkinization UPDATE: Thanks to “Anon” in comments for sending along a link to the engrossed text of the military commissions bill passed by the Senate last week. I really hate to interrupt this great discussion about Kal’s even greater book, and hope to get into it myself before week’s out. In the meantime, I thought it worth noting that while most of Congress was focusing on health care, the Senate quietly succeeded late last week in passing its version of the defense authorization bill (S. 1390) containing a...