Abstract: For Israel, core issues surrounding Iran’s still-accelerating nuclear weapons program have been strategic and political, rather than legal. Nonetheless, if Israel should ever decide that it no longer has any reasonable alternative to launching a preemptive attack against certain Iranian military/industrial targets, this defensive first-strike would need to be justified under international law. In [...]
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India dispatches: Supreme Court takes up Lakhimpur Kheri incident in which protesting farmers died
India Staff Correspondent Sambhav Sharma, a final year law student at Amity Law School, reports on the Supreme Court of India’s response to a recent farmers’ protest against the government in which multiple protesters were killed. He files this for JURIST from New Delhi. Yesterday the Supreme Court of India took suo motu cognizance of [...]
After Afghanistan: Taliban Power, Palestinian Terrorism and Islamist Sacrifice
“History is an illustrious war against death.” – José Ortega y Gasset, Man and Crisis (1958) Afghanistan and “Palestine”: Newly Emerging Linkages At first glance, there are no obvious connections between the Taliban victory over the United States in Afghanistan and Palestinian terrorism against Israel. Upon closer inspection, however, the recent Taliban triumph reflects more [...]
Law and Strategy after Afghanistan: The United States, Israel and Iran
Abstract: Following US withdrawal from Afghanistan, America’s security focus will turn more expressly to Iran. The core problem with America’s Afghanistan withdrawal was not one of timing or tactics, but of original misconception. In essence, the “Afghanistan Problem” stemmed from an initially underestimated and misunderstood military operation. Looking ahead, Afghanistan’s incoherent conclusion means, inter alia, [...]
Nepal dispatches: Supreme Court delivers historic judgment on House of Representatives dissolution
The dissolution of Nepal’s House of Representatives (‘HoR’) last December and a subsequent constitutional crisis sparked great legal debate in the mountain kingdom that came to a head last month with an historic Supreme Court judgment holding the dissolution unconstitutional. Nepalese law students Smriti Phuyal and Smriti Pantha from NLU Delhi and Kathmandu University School [...]
Preventing Nuclear War: Legal Obligations for an Imperiled Planet
“Scholars build the structure of peace in the world.” Babylonian Talmud; Order Zera’im, Tractate Berakoth, IX Background of the Problem Back in the late 1960s, at Yale Law School and Princeton University’s Department of Politics, a series of joint-programs was developed under the heading of World Order Studies. This advanced academic series focused upon the [...]
“Things fall apart; the centre cannot hold; Mere anarchy is loosed upon the world….” -William Butler Yeats, The Second Coming Plus, ca’ change. “The more things change, the more they remain the same.” In world politics, anarchy is an old and continuing story. Chaos is not. But what are the precise differences? And why do [...]
Israel versus Hamas: Proportionality, Perfidy and the Law of War
“It must not be forgotten that it is perhaps more dangerous for a nation to allow itself to be conquered intellectually than by arms.” -Guillaume Apollinaire, The New Spirit and the Poets (1917) Whenever Israel finds itself in the midst of major conflict with Hamas, each side seeks to defend itself in military and legal [...]
Explainer: India's Farm Laws Drive Wedge Between Farm Workers and Authorities
Agriculture is the primary source of livelihood for some 60% of India’s 1.3 billion-strong population, and the country’s farmers constitute its largest voting base, imbuing them with a wealth of political power. It is against this backdrop that a series of recent legislative disputes have provoked turmoil between the authorities and the farming community. In [...]
Controlling Nuclear Risks: A Basic Obligation of U.S, Law and Policy
Abstract: In principle, especially during a rare historical moment of extra-terrestrial exploration and immunological control, our species ought to render itself capable of managing nuclear threats. Prima facie, after all, the difficulties of transporting complex instrumentation to Mars and simultaneously fashioning effective vaccines against deadly pathogens should exceed even the most complex challenges of international peace. Nonetheless, [...]