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Search: unwilling or unable

11 Jul

Jordan "a" makes sense, because writers have recognized that a military unit or force in State A that comes under an armed attack from a NSA or other state has a UN art. 51 (and CIL) rights of self-defense -- without the consent of the host state A and without state A having any involvement or being unwilling or unable to stop the armed attacks. See my earlier draft article on self-defense targetings near the end of the draft -- http://ssrn.com/abstract=2459649 I have added to the draft but the editors...
11.07.14 | |

08 Oct

...they either consent or have proven unwilling or unable to prevent the use of their territory by enemy belligerents. So without knowing the degree of Pakistani acquiesence in these strikes, it is plausible that they violate international law and that's not something the military is supposed to do. But if Pakistan is not doing all it can to deny its territory to al Qaeda and Taliban officials, then the U.S. has a legal right to conduct strikes on its territory and the military ought to be the ones performing this...
08.10.09 | |

28 Apr

dmv I don't know that it's all that intelligent. The writers are all repeating the same points on each side, over and over again, and then talking past each other, by and large. You will note, if you read the posts, that no one concedes anything that they were unwilling to concede before the "debate" began. Everyone has staked out a position on the underlying questions already. The issue is what to do now. More commentary on the underlying questions isn't sane and intelligent debate. It's just more of the...
28.04.09 | |

17 Sep

...cases that the Attorney General is simply unwilling to raise issues about (torture etc). Since that is the case, persons with much fewer resources are faced with the task of determining whether to support and participate in amicus processes. Sometimes we wish we had more leisure to evaluate the brief, but sometimes we do not have that luxury. Are we therefore wrong for being willing to support the amicus brief by signing on to it? I think not. The point is whether the person signing the amicus brief feels comfortable...
17.09.08 | |

08 Apr

...it seems a little silly of us to claim that killing the enemy on the battlefield is a violation of due process, even if they hold American citizenship. (For example, American citizens served in the German armed forces during WWII, and presumably killing or capturing them was perfectly legal.) For the purposes of the constitutional analysis, per the AUMF's reference to "nations", I'd tie the definition of the battlefield to territories beyond the effective reach of U.S. criminal law; i.e. political spaces where governments are unwilling or unable to stop...
08.04.10 | |

17 Jan

...that the sovereign was unwilling to recognize those rights. Other sovereigns were. Whether the Geneva status is recognized or not by the United States is not the key thing. The key thing is whether as a matter of international law that person should have had that status notwithstanding the internal law machinations of a state. Now the sticky wicket today is simply not to "call for new law!". That is a traditional American approach to these things which is to keep changing law to modify - creating a moving target...
17.01.07 | |

05 Dec

...in the Pentagon, something that the Germans and Japanese were unable to do during WWII, and the Vietnamese and Chinese were unable to do in subsequent wars. They also attacked the most prominent symbol of America's financial power that underwrites its military power. If they had executed the operation lawfully, they would have every right to go down in military history. The 3000 American dead would have been a small number compared to Dresden, Tokyo, Hiroshima, or Nagasaki. The targets hit precisely on 9/11 were more legitimate wartime targets than...
05.12.08 | |

13 Jun

...a position to control their capacity to recognize their situation and the possibilities it holds. [....] Often what holds Subjects in damaging power relations is that they are unable to realize the options that are in principle open to them, or are unable to conceive ways of changing the options that are open to the Boss. It is not power as such, then, that holds Subjects in bondage. Indeed, our analysis suggests that there is no such thing as power as such, there are only parties in relative positions of...
13.06.06 | |

29 Jan

...why would it be so absurd to claim that a "custom" whose content is indefinite cannot create individual criminal responsibility? Why would it be absurd to consider that even if there ever was such a custom it has fallen to desuetude by now? Simply claiming that the international community's repeated insistence on the existence of such norm fails to take into account the fact that the same countries have been unable to determine the content... Kevin Jon Heller I'm not sure what your point is. Are you seriously claiming that...
29.01.10 | |

01 Aug

...multiple munitions and collapsing the homes on their basements packed with sheltering civilians."At 3:30 a.m. the attacks started," said Qassim Mustafa Nazal, a resident."We suddenly heard bombs, one hit, then two hits at the same time, overall between 12 to 16 rockets hit the Moscow neighborhood."[53] As of this writing, the number of victims remains unknown because rescue workers have been unable to reach the village to recover the bodies, which remain buried under the rubble, and Israeli warplanes and helicopter strikes have prevented the local villagers from recovering all...
01.08.09 | |

01 Nov

...for actual misconduct during this period, but Khadr is assured of release after serving a maximum of 64 months, or 52 months after returning to Canada even if he is unable to persuade the parole board to release him sooner. So the way a lay person would view things, he really only got five years and four months. An irony of Canadian law is that for a murder conviction resulting in a life sentence, but only in that case as far as I can tell, the law mandates that time...
01.11.10 | |

10 Mar

...encourage people to read if they are interested in the subject: http://www.nytimes.com/2014/03/09/world/europe/crimea-crisis-revives-issue-of-secessions-legitimacy.html?hpw&rref=world&_r=0 Jordan Non liquet: Baker does not resolve the issue regarding who are the "people" in this instance. And Baker does not recognize how unique Kosovo was (e.g., a regional organization's authorization for use of "regional action" re: Art. 52 of the UN Charter while the S.C. was veto-deadlocked and unable to control or authorize "enforcement action," background of genocide, other crimes against humanity, and war crimes against ethnic group, etc.). A Jordan, I would suspect "the people" in...
10.03.14 | |