tag:blogger.com,1999:blog-7321349.post2418923855651003243..comments2024-03-18T22:21:33.261-07:00Comments on The Debate Link: Goldstone Says Gaza Op Legal?David Schraubhttp://www.blogger.com/profile/04946653376744012423noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-7321349.post-51756053939990156852009-11-09T10:19:12.617-08:002009-11-09T10:19:12.617-08:00Anonymous,
Why is there any obligation to positiv...Anonymous,<br /><br /><i>Why is there any obligation to positively affirm the legality of anything?</i><br /><br />Because even at the individual level, criminal law recognizes certain defenses, such as that of self-defense against a physical attack. If self-defense is not legal, then one cannot be found innocent of the crime of assault or murder by reason of self-defense. So an important part of a criminal inquiry would be whether one's actions were legal as self-defense.PGhttps://www.blogger.com/profile/09381347581328622706noreply@blogger.comtag:blogger.com,1999:blog-7321349.post-4166037672704708102009-11-07T11:23:14.070-08:002009-11-07T11:23:14.070-08:00Why is there any obligation to positively affirm t...Why is there any obligation to positively affirm the legality of anything? If the point of the investigation is to find war crimes I don't see why there would be. It's like people claiming a domestic court "found X innocent" when no such legal determination exists.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7321349.post-50677697674122139132009-11-07T08:01:27.584-08:002009-11-07T08:01:27.584-08:00Actually, Professor Chinken, also part of the Gold...Actually, Professor Chinken, also part of the Goldstone pannel has also made the distinction between jus in and jus ad bello. <br /><br />The differnce is, she made it when it became clear that she had signed a letter suggesting that Israel had no right to go to war in Gaza. It's what she used to deflect calls for her to recuse herself.<br /><br />http://buckeach.blogspot.com/2009/08/cotler-and-queen-of-hearts.htmlCoryhttps://www.blogger.com/profile/10808938501366365707noreply@blogger.com