Search: unwilling or unable
26 Jul Asylum for Battered Women and Beyond
...Ms. Alvarado was persecuted “on account” of belonging to a protected class of persons and how that protected class should be defined. The 1951 Geneva Convention relating to the Status of Refugees contains the internationally accepted definition of a refugee. An almost identical definition of refugee is adopted by United States immigration law (as codified in the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(42)(A)) — a person outside his or her country of origin “who is unable or unwilling to return to, and is unable or unwilling to avail...17 Sep Importance of the Brennan Speech (I)
...Brennan stressed, norms of state sovereignty (including those in article 2(4) of the U.N. Charter), which generally prohibit the use of force in another sovereign state unless either that state consents, or the state’s government is “unwilling or unable to take the necessary actions” that are permitted to the U.S. under the doctrine of self-defense. [Even if Kevin is correct that the scope of the “unable and unwilling” doctrine remains subject to contestation, it is not news that the United States views it as applicable to self-defense against threats posed...01 May Initial Reaction to Brennan’s Speech
are being fired from its territory every two minutes. Jordan Response... Well, yes, he did not restrict the right of the United States under international law to use "our inherent right of national self-defense ... outside of an active battlefield, AT LEAST WHEN the country involved consents or is unable or unwilling to take action against the threat" posed by our enemies. And, yes, international law does not require consent or that the foreign state is unwilling or unable. 39 Denver J. Int'l L. 569, 580-81 (2011). I take issue,...14 Jan Boundaries of the Battlefield Symposium Insight
...to concede another of Bethlehem’s points, developed at length by Deeks – that a victim state may cross a border to respond to non-state actor violence emanating from the territory of a second state that is unwilling or unable to eject or neutralize the offending group. Bethlehem, echoing Deeks’s argument, agrees that the “territorial state” must be given an opportunity to live up to its sovereign obligations. However, if the state fails to avail itself of this opportunity, many (but not all) of those in attendance believed that the victim...
20 Feb Tertium datur: A Step Towards Squaring the Circle on the Current Meaning of Self-defence?
...Article 51 offered by the intervening States (see the position of the United States and the United Kingdom) has been accepted or acquiesced by the generality of States. The second category refers to military operations against entities such as terrorist groups located on the territory of a State believed to be “unable or unwilling” to prevent them from carrying out hostile activities. State practice is quite rich but far from uniform and therefore difficult to decipher. Likewise, doctrine is abundant yet divided. The two main conflicting arguments behind the “unwilling...12 Apr The Coming Attack on Syria Will Be Unlawful
...and collective self-defence: the “unwilling or unable” doctrine. Readers know that I do not believe that “unwilling or unable” reflects customary international law. (For the most recent scholarly rejection of that idea, by Brunee & Toope, see here.) But the argument is not a frivolous one. An attack directed at Syria itself, however, would be patently unlawful. Syria has never attacked US forces or interests. By contrast, the US has attacked Syria: in 2017, when it fired 59 cruise missiles at a government airfield in Shayrat; and in 2018, when...16 Jan Armed Conflict With Al Qaida: A Response
...acts by private actors (as opposed to acts by state militaries) could trigger a right of self-defense where the government of the host state was unable or unwilling to take action; and, second, whether the threat posed by those private actors satisfied the conditions of necessity, proportionality and immediacy so that the British action would be justified. But there was no question that the acts of private actors could trigger the right of self-defense where the host government was unable or unwilling to deal with the situation. Secretary Webster may...15 Dec The President’s Report on the Legal and Policy Frameworks
...to the Report, if it lacks effective control of the territory where the armed group is operating. “Unwillingness might be demonstrated where, for example, a State is colluding with or harboring a terrorist organization operating from within its territory and refuses to address the threat posed by the group.” (p. 10) Does the current U.S. government believe “unwillingness” is limited to these circumstances? I doubt it, and the language is carefully crafted to avoid imposing any such limitation on the scope of the claimed ‘unwilling or unable’ permission. But it...