Attacks by Private Actors and the Right of Self-Defence

2005 ◽  
Vol 10 (3) ◽  
pp. 289-320 ◽  
Author(s):  
T. Ruys
Keyword(s):  
The Right ◽  
Private Actors ◽  
Self Defence

Can there be a just war?

Think ◽  
2004 ◽  
Vol 3 (8) ◽  
pp. 7-16
Author(s):  
Richard Norman
Keyword(s):  
Just War ◽  
The Right ◽  
Self Defence

Richard Norman examines justifications for war that are rooted in the right of self-defence.

scholarly journals PHASED MULTI‐TARGET AREAL DEVELOPMENT COMPETITIONS: ALGORITHMS FOR COMPETITOR ALLOCATION

2009 ◽  
Vol 13 (1) ◽  
pp. 1-22 ◽  
Author(s):  
Pertti Lahdenperä
Keyword(s):  
Real Estate ◽  
Planning Process ◽  
Selection Process ◽  
Development Project ◽  
Real Estate Development ◽  
Urban Structure ◽  
Public And Private ◽  
Competition Process ◽  
The Right ◽  
Private Actors

The prevailing practice in new areal real estate development is for public and private actors to perform their duties by turns. Yet, the planning process could benefit from simultaneous contributions from society and developers and their designers. That, again, requires that the municipality selects the private partner consortia prior to completion of the local detailed plan through a competition in order to find the most potential actors and the best ideas for implementation of an urban structure of high quality. Candidates will be attracted by offering them the right to implement a residential/business block as a developer. The several blocks involved in an areal development project, and the laboriousness of producing competitive solutions, require a well planned selection process. A novel multi‐target competition process was developed which is presented in this paper with special emphasis on the allocation algorithms that allow selecting the most qualified competitors for parallel follow-up competitions from among a large group of registered candidates. The approach was tested in an actual real estate development project in the municipal district of Vuores which was the original reason for launching the study. Santruka Pletojant nekilnojamaji turta naujose teritorijose, vieši ir privatūs asmenys dažniausiai savo pareigas vykdo paeiliui. Tačiau planavimo procesui būtu tik geriau, jei tuo pačiu metu prisidetu ir visuomene, ir vystytojai, ir projektuotojai. Tam velgi reikia, kad savivaldybe paskelbtu konkursa ir pasirinktu privačiu partneriu grupes prieš užbaigdama vietini detaluji plana didžiausia potenciala turintiems dalyviams aptikti ir geriausioms idejoms surinkti, kokybiškai miesto struktūrai išvystyti. Kai teritoriju pletros projektas apima kelis kvartalus, o kuriant konkurencingus sprendimus idedama daug darbo, reikia gerai suplanuoto atrankos proceso. Yra sukurtas novatoriškas daugiatikslis konkurso procesas, pristatomas šiame darbe, daugiau demesio skiriama paskirstymo algoritmams, kuriuos naudojant iš daugybes registruotu kandidatu galima atrinkti tinkamiausius tolesniems tuo pat metu vykdomiems konkursams. Toks būdas patikrintas realiame nekilnojamojo turto pletros projekte, kuris vyko Vuores savivaldybes teritorijoje, ir būtent del šios priežasties pradetas šis tyrimas.

The invocation of the right to self-defence in response to armed attacks conducted by armed groups: Implications for attribution

2018 ◽  
Vol 32 (01) ◽  
pp. 91-110 ◽  
Author(s):  
Erika de Wet
Keyword(s):  
Due Diligence ◽  
Armed Groups ◽  
Armed Attack ◽  
International Court Of Justice ◽  
International Court ◽  
State Actors ◽  
The Right ◽  
United Nations Charter ◽  
Territorial States ◽  
Self Defence

AbstractThe right to self-defence in Article 51 of the United Nations Charter is increasingly being invoked in response to armed attacks conducted by armed groups located in a territory of another state, with or without the (direct) assistance of such a state. This article examines the implications of the invocation of the right to self-defence under these circumstances for the principles of attribution within thejus ad bellumparadigm. First, it illuminates how the threshold requirements for indirect armed attacks (that is, the state acting through a private actor) have been lowered since the 1986Nicaraguadecision of the International Court of Justice. In so doing, the article suggests that in order to prevent a complete erosion of the benchmarks of an indirect armed attack, the notions of ‘substantial involvement’ in an armed attack, ‘harbouring’, and ‘unwillingness’ should be interpreted as manifestations of due diligence. Thereafter, the article illustrates that there is also an increasing attribution of armed attacks directly to non-state actors, notably those located in areas over which territorial states have lost control. Such states could be depicted as being ‘unable’ to counter the activities of non-state actors. The article further submits that particularly in these instances, the principle of necessity within the self-defence paradigm can play an important role in curbing the potential for abuse inherent in the vague notion of ‘inability’, if interpreted in light of Article 25 of the Articles on State Responsibility for Internationally Wrongful Acts.

Neither Civilian nor Combatant: Weaponised Spaces and Spatialised Bodies in Cizre

2019 ◽  
pp. 71-94
Author(s):  
Haydar Darıcı ◽  
Serra Hakyemez
Keyword(s):  
Political Life ◽  
Right To Life ◽  
History Of ◽  
The Dead ◽  
The Government ◽  
Turkish State ◽  
The One ◽  
The Right ◽  
Kurdish Conflict ◽  
Self Defence

What kind of work does the categorical distinction between combatant and civilian do in the interplay of the necropolitics and biopower of the Turkish state? This paper focuses on a time period (2015-2016) in the history of the Kurdish conflict when that distinction was no longer operable as the war tactics of the Kurdish movement shifted from guerrilla attacks of hit and run in the mountains to the self-defence of residents in urban centres. It reveals the limit of inciting compassion through the figure of civilian who is assumed to entertain a pre-political life that is directed towards mere survival. It also shows how the government reconstructs the dead bodies using forensics and technoscience in order to portray what is considered by Kurdish human rights organizations civilians as combatants exercising necroresistance. As long as the civilian-combatant distinction remains and serves as the only episteme of war to defend the right to life, the state is enabled to entertain not only the right to kill, but also to turn the dead into the perpetrators of their own killing. Finally, this paper argues that law and violence, on the one hand, and the right to life and the act of killing on the other, are not two polar opposites but are mutually constitutive of each other in the remaking of state sovereignty put in crisis by the Kurdish movement's self-defence practices.

The Difficulty of Reconciliation after the St James Church Attack

2018 ◽  
Vol 25 (1-2) ◽  
pp. 1-30
Author(s):  
Garth John Mason
Keyword(s):  
National Narrative ◽  
Conditions Of Possibility ◽  
The Right ◽  
Freedom Fighter ◽  
Self Defence

Abstract This article is a comparative reading of the autobiography Child of this Soil: My Life as a Freedom Fighter by Letlapa Mphahlele and the memoir by Charl van Wyk, Shooting Back: The Right and Duty of Self-Defence. The two texts culminate in recounting of the St. James Church attack in 1993 and the two men’s subsequent reconciliatory meetings. Mphahlele ordered the attack as an APLA commander and Van Wyk was the parishioner who fired back at the APLA attackers. Of interest are the conditions of possibility for dialogue between Van Wyk and Mphahlele in the context of the national narrative of reconciliation.

Self-Defence and Israel in International Law: A Reappraisal

1976 ◽  
Vol 11 (4) ◽  
pp. 516-562 ◽  
Author(s):  
Barry Feinstein
Keyword(s):  
International Law ◽  
The State ◽  
Self Help ◽  
The Law ◽  
The Right ◽  
Self Defence

Dean Acheson frankly reconfirmed the right of self-preservation, when he asserted, “…law simply does not deal with … questions of ultimate power—power that comes close to the sources of sovereignty…. No law can destroy the state creating the law. The survival of states is not a matter of law”. It is beyond the law.Given the existence of man's elementary loyalty to autonomous states, the necessity for using force springs from the need of states to depend fundamentally on self-help in order to guarantee their survival and welfare. This search for security in a system of politics without government, forces the state to be dependent upon military self-help.

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