The Newly Expanded American Doctrine of Preemption: Can It Inclue Assassination

Total Page:16

File Type:pdf, Size:1020Kb

Load more

Denver Journal of International Law & Policy

Volume 31 Number 2 Winter
Article 3

April 2020

The Newly Expanded American Doctrine of Preemption: Can It Inclue Assassination

Louis Rene Beres

Follow this and additional works at: https://digitalcommons.du.edu/djilp

Recommended Citation

Louis Rene Beres, The Newly Expanded American Doctrine of Preemption: Can It Inclue Assassination, 31 Denv. J. Int'l L. & Pol'y 157 (2002).

This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For

more information, please contact [email protected],[email protected].

Recommended publications
  • Introduction: Genocide: Definitions, Questions, Settler-Coloni

    Introduction: Genocide: Definitions, Questions, Settler-Coloni

    Introduction Genocide: definitions, questions, settler-colonies Ann Curthoys and John Docker Genocide is … a composite of different acts of persecution or destruction. Raphaël Lemkin, Axis rule in occupied Europe1 … we need far more, not fewer, serious comparative studies. Ward Churchill, A little matter of genocide2 The idea for this collection of essays on ‘Genocide’? came originally from our reading of Marcia Langton’s comment in Australian Humanities Review in mid-2000. She said that Aboriginal writing, scholarship, and research are taking on the feel of Holocaust studies in the sense that Aboriginal people write, read, and research ‘to try to understand the terrible, inexplicable past’. She expressed disgust at ‘those who do not want what hap- pened to us and our ancestors remembered into “history”’. She did not use the word ‘genocide’. We thought the questions she raised, of how to come to terms with terrible pasts, and to what degree one can use insights from one history to interrogate another, deserved further thought. The unresolved issue for us was whether the notion of geno- cide could be fairly applied to Australian history. The Human Rights Commission’s Bringing Them Home report of 1997, which investigated the history and effects of Abo- riginal child removal in the nineteenth and twentieth centuries, had controversially argued that Australian child removal practices fell within the definition of genocide used in the UN 1948 Genocide convention. In other words, Australia had its own his- tory of genocide. This aspect of the report horrified many Australians of quite varying political views. Many people, including historians, rejected the notion that child removal could be reasonably described as ‘genocide’.
  • CAN WORDS PRODUCE ORDER? Regicide in the Confucian Tradition

    CAN WORDS PRODUCE ORDER? Regicide in the Confucian Tradition

    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Lirias CAN WORDS PRODUCE ORDER? Regicide in the Confucian Tradition CARINE DEFOORT KU Leuven, Belgium ᭛ ABSTRACT This article presents and evaluates a dominant traditional Chinese trust in language as an efficient tool to promote social and political order. It focuses on the term shi (regicide or parricide) in the Annals (Chunqiu). This is not only the oldest text (from 722–481 BCE) regularly using this term, but its choice of words has also been considered the oldest and most exemplary instance of the normative power of language. A close study of its uses of ‘regi- cide’ leads to a position between the traditional ‘praise and blame’ theory and its extreme negation. Later commentaries on the Annals and reflection on regicide in other texts, in different ways, attest to a growing reliance or belief in the power of words in the political realm. Key Words ᭛ Annals (Chunqiu) ᭛ China ᭛ language ᭛ order ᭛ regicide Two prominent scholars hold a debate in front of Emperor Jing (156–41 BCE). One of them is Master Huang, a follower of Huang Lao and the teachings of ‘The Yellow Emperor and Laozi’. The other is Master Yuan Gu, a specialist in the Book of Odes and appointed as erudite at the court of Emperor Jing. Master Huang launches the discussion with the provoca- tive claim that Tang and Wu, the founding fathers of China’s two exem- plary dynasties, respectively the Shang (18th–11th century) and Zhou (11th–3rd century) dynasties, were guilty of regicide against Jie and Zhòu, the last kings of the preceding dynasties.
  • Rafael Sabatini --^''The Tyrannicide ?? ^Uali^ Folk Ttrougliout Kentucl^ Tliat Name Crat Orcliard Stood for Good Food and Good Wliiskey

    Rafael Sabatini --^''The Tyrannicide ?? ^Uali^ Folk Ttrougliout Kentucl^ Tliat Name Crat Orcliard Stood for Good Food and Good Wliiskey

    Ll^s CENTR/\L JUNE EDITION 1935 w.wv*" "• nil fnii I, I •T. 'tv:— I H a j Rafael Sabatini --^''The Tyrannicide ?? ^uali^ folk ttrougliout Kentucl^ tliat name Crat Orcliard stood for good food and good wliiskey Bubbling out of the limestone hills, down in the \\'ay—had a private supply shipped in by the barrel. It heart of the Blue Grass country, a sparkling spring wasn t a widely famous whiskey then. It wasn't even Hrst drew people to Crab Orchard. bottled or labeled. It was only in later years that it came They came to "take the waters," and,because they knew to be known as Crab Orchard u hiskey. good living and enjoved it, the local hotel strove to make The name Crab Orchard might never have leaped to their visit meinorable with such tempting Southern deli nationwide favor, except for one thing. cacies as barbecued squirrel,delectable It stood for a whiskey which was pohickory, or roast 'possum and can not only rich and mellow- not only died yams. made in the good old-fashioned way, Kentucky straight whiskey And there was something else—a straight as a string, hut uLo economical. straight b<mrbon whiskey, rich and rud Made the good old-fashioned way And suddenly, after repeal, all dy, ofa flavor which even the flower of America wanted such a whiske}'. Smooth and satisfying to taste old-time Kentucky's gentility praised. In a few brief weeks, the name and To find this particular whiskey, the Sold ot a price anyone can pay goijdness of Crab C)rchard whiskey Crab Orchard Springs Hotel had was on a miijiun tongues, and this searched fur and wide, and finally— one-time local fa\'orite is America's from a little distillery up Louisville fciitest-selling strcnght ivhtskey today.
  • The Political Theology of Dietrich Bonhoeffer and the Ethical Problem of Tyrannicide

    The Political Theology of Dietrich Bonhoeffer and the Ethical Problem of Tyrannicide

    Louisiana State University LSU Digital Commons LSU Master's Theses Graduate School 2015 The olitP ical Theology of Dietrich Bonhoeffer and the Ethical Problem of Tyrannicide Brian Kendall Watson Louisiana State University and Agricultural and Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_theses Part of the Political Science Commons Recommended Citation Watson, Brian Kendall, "The oP litical Theology of Dietrich Bonhoeffer and the Ethical Problem of Tyrannicide" (2015). LSU Master's Theses. 612. https://digitalcommons.lsu.edu/gradschool_theses/612 This Thesis is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Master's Theses by an authorized graduate school editor of LSU Digital Commons. For more information, please contact [email protected]. THE POLITICAL THEOLOGY OF DIETRICH BONHOEFFER AND THE ETHICAL PROBLEM OF TYRANNICIDE A Thesis Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Master of Arts in The Department of Political Science by Brian K. Watson B.A., Baylor University, 2011 August 2015 PREFACE Who am I? They often tell me I would step from my cell’s confinement calmly, cheerfully, firmly, like a squire from his country-house. Who am I? They often tell me I would talk to my warders freely and friendly and clearly, as though it were mine to command. Who am I? They also tell me I would bear the days of misfortune equably, smilingly, proudly, like one accustomed to win.
  • Killing No Murder, Sec

    Killing No Murder, Sec

    tDOUQLAS LibKAKy Presented by FROM PAPERS OF W.C. BRIAN TUNSTALL, LONDON SCHOOL OF ECONOMICS, THROU04 -mE KINDNESS OF DR. D.M. SCHURMAN, R.M.C. APRIL, 1985 Queen's University at Kingston speciAL coLLecxrioNs t)OUQLAS Lil3RAKy queeN's UNiveRsir:^ AT klNQSrON kiNQSTON ONTARiO CANADA KILLING: N O MURDER: Briefly Difcourfed In Three Questions. i By Col. Titus, ^/i^j Willi am Allen. Afid all the People of the Land rejoyeedy and the City was quiet after that they had jlain Athaliah with the Sword* 2 Chron. xxiii. 21. Nozv after the Time that Amaziah did turn away from following the Lord, they made a Confpiracy againfi him in Jerufalem, and he fled to Lachifh But they fent to Lachilh after him, and flew bim there. 2 Chron. xxv. 27. L N "D N: Re-printed in the Year M.DC.LXXXIX. To his H I G H N E s s OLIVER CROMWELL: May it pleafeyour Higbnefs, W I have fpent (bme hours of the kifjre your Highnefs has been HOplea fed to give mc, this following Paper \vill give your Highnefs an account ; how you will pleafe to interpret it I cannot tell, but I can with Conhdence fay, my intention in it is, to procure your Highrefs that Jufticc no body yet does you, and to lee the People fee the longer they defer it, the greater Injury they do both themfelves and you. To }our Highnefs julUy belongs the Honor of Dying for the People ; and it cannot choofe but be an unfpeakable Confolation to you in the lail moments of your Life, to con- Cder, with how much benefit to the World ) oa are like to leave it.
  • “TOWARDS an INTEGRATED HUMANITY:” TYRANNY and TYRANNICIDE in the BLACK ATLANTIC by Jean-Marc Pruit, B.A. a Thesis Submitted

    “TOWARDS an INTEGRATED HUMANITY:” TYRANNY and TYRANNICIDE in the BLACK ATLANTIC by Jean-Marc Pruit, B.A. a Thesis Submitted

    “TOWARDS AN INTEGRATED HUMANITY:” TYRANNY AND TYRANNICIDE IN THE BLACK ATLANTIC by Jean-Marc Pruit, B.A. A thesis submitted to the Graduate Council of Texas State University in partial fulfillment of the requirements for the degree of Master of Arts with a Major in Political Science May 2021 Committee Members: Ashleen Menchaca-Bagnulo, Chair Ronald Angelo Johnson Thomas Francis Xavier Varacalli COPYRIGHT by Jean-Marc Pruit 2021 FAIR USE AND AUTHOR’S PERMISSION STATEMENT Fair Use This work is protected by the Copyright Laws of the United States (Public Law 94-553, section 107). Consistent with fair use as defined in the Copyright Laws, brief quotations from this material are allowed with proper acknowledgement. Use of this material for financial gain without the author’s express written permission is not allowed. Duplication Permission As the copyright holder of this work I, Jean-Marc Pruit, authorize duplication of this work, in whole or in part, for educational or scholarly purposes only. DEDICATION To Riley “Ah my friend, if you and I could escape this fray and live forever, never a trace of age, immortal…” – Sarpedon, The Iliad, XII ACKNOWLEDGEMENTS I am extremely grateful to have so many people to thank for their indispensable assistance, expertise, and kind regard throughout the two-year period I have spent researching and writing this project. The tireless members of my committee must, of course, come first. Ashleen Menchaca-Bagnulo, Ronald Angelo Johnson, and Thomas F.X. Varacalli have my undying respect, gratitude, and collegial affection. Their openness to an interdisciplinary approach with sometimes unorthodox pairings of thinkers made this project stronger, and their unswerving commitment to the truth— wherever it leads—is a model of scholarly collaboration.
  • Rsterrorists on TRIAL

    Rsterrorists on TRIAL

    Alex P. Schmid | Alex P. Beatrice de Graaf Terrorism trials are an exceptional opportunity for better understanding and, hence, countering terrorism, since they are often the only place where most if not all of the actors of a terrorist incident meet again, and where the media report and broadcast their respective accounts. A nexus between terrorist violence, law enforcement and public opinion, terrorism trials showcase justice in progress and thus demonstrate to the world how terrorism suspects are treated under national law. editors This volume views terrorism trials as a form of theatre, where the “show” that a trial may offer can develop often unexpected dynamics, which at times might inconvenience the government. Seeing terrorism trials as a stage where legal instruments are used (and abused) to argue ON TRIAL TERRORISTS the validity of contested political constructs, this study presents a performative perspective to draw attention to the mechanisms and effects of terrorism trials in and outside the courtroom. With a special focus on how the power of these performances may in turn shape new narratives of justice and/or injustice, it offers vital insights into terrorism trials directed involving different types of terrorism suspects, from left-wing to ethno-nationalist and jihadist terrorists, in Spain, Russia, Germany, the Netherlands, and the United States. Beatrice de Graaf holds a chair in the History of International Relations & Global Governance at Utrecht University. She was co-founder of the Centre for Terrorism and Counterterrorism at Leiden University, TERRORISTS publishes on security-related themes and is currently working on secu- rity in the nineteenth century for an ERC Project SECURE.
  • International Criminal Law's Millennium of Forgotten History

    International Criminal Law's Millennium of Forgotten History

    -DRAFT- International Criminal Law’s Millennium of Forgotten History Ziv Bohrer This article challenges the consensus that International Criminal Law (ICL) was “born” at Nuremberg, exposing ICL’s true history, which spans centuries. Jurists regard pre-WWII cases of penal enforcement of the laws of war as unrelated to present-day ICL, because, presumably, these cases are: (1) rare, (2) domestic measures that (3) lack a common doctrine. That is false. ICL’s development, from the late Middle-Ages until WWII, has been grounded on a transnational doctrine which considered as international “outlaws” (punishable by all) violators of the laws of war (war criminals) and of certain additional international laws (from which “crimes against humanity” and “crimes against peace” developed). Remnants of this doctrine are still present in ICL. Penal action against violators was non- negligible and the forums that executed it were not mere domestic organs. After presenting ICL’s centuries-long history and the causes of its pretermission, the article concludes that this forgotten past must be acknowledged. The current narrative falsely depicts ICL as an abnormal system, recently created in violation of basic principles of criminal justice. Furthermore, it encourages the disregard of most ICL cases (those conducted at the State level). Hence, this “false history” leads to unjustifiable questioning of ICL’s legitimacy and effectiveness. 1. Acknowledged Pre-WWII Cases ....................................................................................................................
  • De L'intrusion D'un Lexique Allogène

    De L'intrusion D'un Lexique Allogène

    De l’intrusion d’un lexique allogène : l’exemple des éléments néoclassiques Marine Lasserre To cite this version: Marine Lasserre. De l’intrusion d’un lexique allogène : l’exemple des éléments néoclassiques. Lin- guistique. Université Toulouse le Mirail - Toulouse II, 2016. Français. NNT : 2016TOU20012. tel-01723307 HAL Id: tel-01723307 https://tel.archives-ouvertes.fr/tel-01723307 Submitted on 5 Mar 2018 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. THÈSETHÈSE En vue de l’obtention du DOCTORAT DE L’UNIVERSITÉ DE TOULOUSE Délivré par : l’Université Toulouse - Jean Jaurès Présentée et soutenue le 26/02/2016 par : Marine Lasserre De l’intrusion d’un lexique allogène. L’exemple des éléments néoclassiques JURY Fabio Montermini Directeur de Recherche, CNRS/U. Toulouse Jean Jaurès Directeur Fiammetta Namer Professeur, U. de Lorraine Rapporteur Florence Villoing Professeur, U. de Paris Ouest Nanterre La Défense Rapporteur Mark Aronoff Distinguished Professor, Stony Brook University Examinateur Gilles Boyé Maître de Conférences, U. de Bordeaux Montaigne Examinateur Jesse Tseng Chargé de Recherche, CNRS/U. Toulouse Jean Jaurès Examinateur École Doctorale et spécialité : CLESCO : Sciences du langage Unité de Recherche : CLLE-ERSS (UMR 5263) Remerciements Ce travail long et pas toujours facile a été fortement allégé, facilité, égayé par de nombreuses personnes que je tiens à remercier.
  • Killing No Murder. Proving 'Tis Lawful and Meritorious in the Sight Of

    Killing No Murder. Proving 'Tis Lawful and Meritorious in the Sight Of

    speciAL coLLecxiiONS tDOUQlAS LibRARy queeN's UNiveRSiiy AT kiNQsroN klNQSTON ONTARIO CANADA " ; Killing no Murder. Proving 'tis lawful and meritorious in the Sight of God and Man, to deftroy, by any means. Tyrants of all Degrees, their Creatures and Dependants; That fhould attempt the Subverfion of Liberty in a free State, to introduce Slavery, Beggary, ^c^ Demonftrated from holy Writ, the Laws of Na- ture, and the moft celebrated Authors, Antient and Modern. By titie- trave CoIonfcP Tl T^U aS, Alias }K, A J. L K^N,. , . __ Illuftrated with many. Example^ of true Patriotifoi, And contains rnpny Tbin|l ^^, iddf^tye 's^fefL(M|^.^r Confidefatfohin bur prefcntState, ' ^ "Wherein nothing but the Exertion of a general public Spiri: can avert our being curs'd with a Train of Evils impending And when too late, the Pufillanimous may cry. Goad Lord! ivho could hwve thought it? To which are sAiein The Sentiments of an illuftrious Patriot, deceas'd 5 on important Subjects that concern the very Being pf the Conftitution and Liberties of Britain^ EDINBURGH: Printed for J. Ker, and fold at the Highlandery a Snuff Shop, in Ctcil Courts St. Martin $ Lar.e, London, 1 749, [Price One Shliling.] ^.vi^ /j'Qv^'inif.s't') Advertifement* TH E former Editions of this ex- cellent Piece, are all fcurvily printed, and very incorreft. To his Highness Oliver Cromwell. May it pleafe your Highnefs, I have fpent fome Hours of the HOWLeifure your Highnefs has been pleafed to give me, this following Paper will give your Highnefs an Account •, how you will pltafe to interpret it I cannot tell, but I can with Confidence fay, my Intendon in it is, to procure your Highnefs that Juftice no Body yet does you, and to let the People fee the longer they defer it, the greater Injury they do both themfelves and you.
  • Tyrants and Tyranny in the Late Roman Republic

    Tyrants and Tyranny in the Late Roman Republic

    Wesleyan University The Honors College Tyrants and Tyranny in the Late Roman Republic by Joanna Kenty Class of 2008 A thesis submitted to the faculty of Wesleyan University in partial fulfillment of the requirements for the Degree of Bachelor of Arts with Departmental Honors in Classics Middletown, Connecticut April, 2008 TABLE OF CONTENTS Introduction p. 2 Part I: Literary tyrants 1. Regal period kings p. 9 2. Tyrants of tragedy p. 25 3. Foreign kings p. 38 Part II: Republican tyrants 4. Optimates and populares p. 49 5. Generals and military dictators p. 66 Conclusion p. 84 Bibliography p. 88 INTRODUCTION In 510 BCE, Lucius Junius Brutus led a revolution to expel Tarquin the Proud, the seventh and last king of Rome, and became the first consul of the Roman Republic. Many generations later, another Brutus – Marcus Junius Brutus, of Shakespearean fame – tried to liberate Rome from a new tyrant, but fell short of his ancestor’s legacy. As Cicero lamented in his De Officiis, “If only the Republic had endured as it had begun, instead of falling under the control of men who did not want to reform the state but to overthrow it!” (Cic. Off. II.1.3) Because of this heritage, the Republican Romans had a very clear idea of what constituted tyranny before Caesar ever crossed the Rubicon. Cicero explained that “no one whose mind has been equipped well by Nature is willing to obey anyone, unless that person is a teacher or a tutor or commands justly and legitimately for the common good” (I.4.13).
  • Killing Noe Murder

    Killing Noe Murder

    1 Edward Sexby (writing as William Allen), 1657: Killing Noe Murder. Briefly Discourst In Three Quaestions And all the people of the land rejoiced: and the city was quiet, after that they had slain Athaliah with the sword. 2 Chr. 23: 2 I Now after the time that Amaziah did turn away from following the Lord, they made a conspiracy against him in Jerusalem, and he fled to Lachish; but they sent to Lachish after him, and slew him there. 2 Chr. 25: 27 To His Highness Oliver Cromwell: May it please your Highness, How I have spent some hours of the leisure your Highness has been pleased to give me, this following paper will give your Highness an account. How you will please to interpret it I cannot tell; but I can with confidence say my intention in it is to procure your Highness that justice nobody yet does you, and to let the people see the longer they defer it, the greater injury they do both themselves and you. To your Highness justly belongs the honour of dying for the people; and it cannot choose but be unspeakable consolation to you in the last moments of your life to consider with how much benefit to the world you are like to leave it. 'Tis then only, my Lord, the titles you now usurp will be truly yours. You will then be indeed the deliverer of your country, and free it from a bondage little inferior to that from which Moses delivered his. You will then be that true reformer which you would be thought.