Search: self-defense
17 Jan Legal Principles Matter in Defense of Democracies
...authority to respond to a Ukrainian request for assistance, including armed force. So, while the collective self-defense obligation of Article 5 of the NATO treaty does not embrace non-NATO Ukraine, the inherent right of collective self-defense under international law and the UN Charter applies. The allied governments of NATO should unequivocally signal that they do not shy away from inherent collective self-defense of Ukraine or any other nation invaded by an aggressor state. Otherwise, Putin may miscalculate that the absence of a treaty obligation for self-defense deprives the United States...03 Apr Why Al-Kibar Does Not Contribute to Pre-Emptive Self-Defence
reasoning, the relatively muted international response could suggest that members of the international community might be willing to entertain preemptive self-defense under such extreme circumstances. In sum, the question of whether international law now recognizes a right to preemptive self-defense against nuclear threats remains highly contested. But the evolution of the international position from “Opera” to “Outside the Box,” even after Israel acknowledged its role in the latter, is telling. Both scholars and politicians will likely take this evolution into account in discerning state practice on this question going forward....27 Apr Quote of the Day — The IMT on the Use of Armed Force in Self-Defense
From the Judgment: It was further argued that Germany alone could decide, in accordance with the reservations made by many of the Signatory Powers at the time of the conclusion of the Briand-Kellogg Pact, whether preventive action was a necessity, and that in making her decision final judgment was conclusive. But whether action taken under the claim of seIf-defense was in fact aggressive or defensive must ultimately be subject to investigation and adjudication if international law is ever to be enforced. Smart people, those Allied judges....15 May The Boundaries of the Battlefield
...breached the laws of neutrality. Benjamin Davis "If not, (in the self-defense paradigm) has the host state shown itself to be unwilling and/or unable to apprehend the targeted individuals? What is the standard that should be used to make the unwilling/unable determination? " Can the host state invoke its Article 51 right of self-defense against the state actor party in the NIAC who acts in its territory without its consent? Can the host state invoke its mutual defense treaty with other states against the state actor party in the NIAC...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...