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Search: self-defense

05 May

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...
05.05.11 | |

04 Sep

...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...
04.09.14 | |

25 Oct

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...
25.10.13 | |

30 Nov

...— Saddam’s former Defense Minister — secretly assisted Kurdish efforts to overthrow Saddam: “Personally, I will not support executing Sultan Hashim,” he said at a news conference in Sulaimaniyah, a city in the autonomous Kurdish region 160 miles northeast of Baghdad. “If the court will carry out its verdicts without referring them to the presidency council that is something else,” he said. “But if they will refer them, then we will register reservations these verdicts.” He said the reservations would include executing former Iraqi army officers because many of them...
30.11.07 | |

20 Mar

Indian defense ministry’s annual air show. Do you: (a) buy expensive gifts for New Delhi’s generals; (b) treat the press to Kingfishers and samosas; (c) produce a Bollywood-esque video featuring bare-midriff girls, flower-draped missiles, and the catch phrase “dinga dinga dee?” Unfortunately for us, Israeli arms-maker Rafael chose C. Which means we may have just found the most atrocious defense video of all time… I don’t know if there’s a real substantive point here. Who am I fooling? I don’t have a substantive point here. Just check out the video....
20.03.09 | |

23 Apr

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....
23.04.15 | |

17 Dec

Steve testified yesterday about WikiLeaks in front of the House Judiciary Committee. Here is a snippet of his testimony, which discussed five major flaws in the Espionage Act: Second, the Espionage Act does not focus solely on the initial party who wrongfully discloses national defense information, but applies, in its terms, to anyone who knowingly disseminates, distributes, or even retains national defense information without immediately returning the material to the government officer authorized to possess it. In other words, the text of the Act draws no distinction between the leaker,...
17.12.10 | |