Search: self-defense
12 Sep Mike Lewis Is Wrong About the Nature of Self-Defence
agree with you that if any intervening state truly acts in self-defense, then the state where the intervention is taking place cannot argue that the intervening nation acted aggressively. However, it is worth pointing out that just because a state says it is acting in self-defense, it does not mean that it is rightfully acting in self-defense. Many states have argued self-defense for actions that could be easily perceived as aggression. I would thus disagree that any time a state "argues" it is acting in self-defense, this "cures" the sovereignty...28 May Drones and the CIA and Charlie Savage’s NYT Article
...of "levee en masse" type action that would help them be lawful combatants? Or, assuming the U.S. self-defense model, would the Pakistan Taliban consider themselves as under attack once the conflict moved from Af to Pak and therefore assert a right of self-defense in the autonomous regions to which the local leadership (local political authority) appears to be acquiescing. Their reasons may be completely due to domestic self-defense concerns and oblivious to the Al-Qaeda interests that may - objectively - be identical means but for different ends. For example, from...
02 Mar Deterring the Next Invasion: Applying the Accumulation of Events Theory to Cyberspace
...the right to self-defense due to advancements in the use of cyberspace for both warfare and statecraft. Second, the gravity of different uses of force is a spectrum, with the “most grave” form consisting of armed attack. While the gravest forms of the use of force would, by definition, trigger a right to self-defense (or collective self-defense), less grave forms may be aggregated if the individual actions are connected temporally and causally and have a common source. Third, it is not required that actions being aggregated consist solely of uses...06 Jun The Legal Case for Invading Iran
...the specter of the most heinous international crimes, including genocide." This reads to me like an argument for Security Council action against Iran, which is of course a completely different animal. Are others suggesting that the Security Council is constrained from taking preemptive action in the same way that individual states are under the preemptive self-defense doctrine? Roger Alford Patrick S. O'Donnell 'Ahmadinejad's rant features a direct and unequivocal threat, and it gives Israel a valid casus belli -- under both Article 51 (self-defense) of the U.N. Charter and customary...23 Jan Did International Law Motivate the “Capture-if-Feasible” Element of the Al-Awlaki/Aulaqi Legal Opinion?
or by independent acts of national self-defense. The administration also argued these separate bases for the (unacknowledged) targeting of al-Awlaki in the case brought by al-Awlaki’s father. Ken, I and others discussed what Ken has called the “naked self-defense” theory and its implications here. In short, if the U.S. is to engage in self-defense outside the scope of an existing armed conflict and without creating a new armed conflict, the international legal framework is unclear. Some argue that international human rights law governs the attack, others the laws of war...
15 Oct Is the Art. 5 Doomsday Scenario Plausible?
...necessity (unlikely to be an issue if Syria responds) and proportionality. It is one of the few universally accepted principles of the jus ad bellum that there can be no self-defense against self-defense — a principle that dates back to the Ministries case after WW II. A Syrian attack on Turkish forces designed to repel the invasion, therefore, would not entitle Turkey to act in self-defense. And because Turkey would not be entitled to act in self-defense against a Syrian attack, NATO would have no obligation under Art. 5 to...09 Jan Is the EU Adopting a Double-Standards Approach toward Israel and the Palestinian Territories? (Part 1)
from your opinion concerning the Jordan. To begin with, the two exceptions to the prohibition of use of force (self-defence or UNSC authorisation) are absent for justifying Jordan's invasion in 1948. In any event, while being a guiding principle of the UN Charter, a legal right to self-determination itself was yet to form (see e.g. Antonio Cassese, Self-Determination of Peoples: A Legal Reappraisal 37-43 (1995); Malcolm N. Shaw, Self-Determination, Human Rights, and the Attribution of Territory, in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma590, 598 (Ulrich...
12 Nov Symposium on Erin Pobjie’s Prohibited Force: Prohibited Force and Self-Determination
...that neither the prohibition of force nor the right of self-defense applies to Israel’s use of force in Gaza. But if the prohibition of force is engaged by the forcible deprivation of self-determination, then it might be engaged by Israel’s use of force in Gaza whether Palestine is a State or a self-determination unit. This would not mean that Israel’s right of self-defense is engaged by attacks by non-state actors arising from occupied territory, let alone that its military campaign is either necessary or proportionate. But it might shift the...11 Apr CIA General Counsel Speech on Hypothetical Uses of Force
...of armed attacks, on U.S. military and other personel in Afghanistan and elsewhere. Therefore, the U.S. has a continual right of self-defense to target those who are DPAA (directly participating in armed attacks). Also, it is logical and policy-serving to use, as Preston states, "the four basic principles in the law of armed conflict governing the use of force: Necessity, Distinction, Proportionality, and Humanity" when engaging in lawful self-defense targetings under UN 51, since, my gosh, I wrote similarly, self-defense targetings are legally conditioned by general principles of reasonable necessity...14 Jul Is The Israeli-Hezbollah War an International Armed Conflict?
...argument that Israel has any respect whatsoever for the principle of proportionality. Let's not forget what is still going on in the Gaza Strip. No small bit of irony in Israel calling upon Lebanon to recognize UN resolutions when Israel has historically demonstrated contempt for same in its own case. And I'm touched about all of the concern for the question of Israeli self-defense: where is/was such concern for the Palestinian right to self-defense, particularly given the fact that they have been denied the right to self-determination and the asymmetrical...