Conversation with Brian Finucane of The International Crisis Group and former legal advisor in the U.S. Dept. of State, on the legality of the US military strikes against alleged drug smugglers in the Southern Caribbean and Eastern Pacific. We discuss whether either self-defense under jus ad bellum, or international humanitarian law applicable to armed conflict, apply to these strikes, and if not, whether there is any possible justification or defense for these killings under either international human rights law or domestic U.S. criminal law. We also discuss possible military intervention in Venezuela, and put the strikes into the broader context of the ongoing assault against the international rule of law.
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Conversation with Brian Finucane of The International Crisis Group and former legal advisor in the U.S. Dept. of State, on the legality of the US military strikes against alleged drug smugglers in the Southern Caribbean and Eastern Pacific. We discuss whether either self-defense under jus ad bellum, or international humanitarian law applicable to armed conflict, apply to these strikes, and if not, whether there is any possible justification or defense for these killings under either international human rights law or domestic U.S. criminal law. We also discuss possible military intervention in Venezuela, and put the strikes into the broader context of the ongoing assault against the international rule of law.
JIB/JAB - Episode 22: Srinivas Burra on India's Shifting Position on Self-Defense
JIB/JAB Podcast
53 minutes 19 seconds
4 years ago
JIB/JAB - Episode 22: Srinivas Burra on India's Shifting Position on Self-Defense
A conversation with Srinivas Burra, professor of law at South Asian University, Faculty of Legal Studies, in New Delhi, India. Srinivas has written extensively on both jus ad bellum and international humanitarian law, often with a focus on India's practice and position in relation to these legal regimes. We discuss first how India's position regarding the doctrine of self-defense, as indicated in statements in the recent Arria-formula meeting of the U.N. Security Council, appears to have shifted quite significantly as compared to the posture it adopted in the context of strikes against non-state actors within Pakistan in 2016 and 2019. Srinivas interprets the recent statements to suggest that India accepts both anticipatory self-defense and self-defense against non-state actors, but surprisingly, views its rejection of the "unwilling or unable" doctrine as taking a more expansive and aggressive posture than that doctrine allows when it comes to defending against non-state actors in non-consenting states. Turning to international humanitarian law, we discuss why India has continued to hold out against ratifying the Additional Protocols to the Geneva Conventions. Another fascinating discussion!
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JIB/JAB Podcast
Conversation with Brian Finucane of The International Crisis Group and former legal advisor in the U.S. Dept. of State, on the legality of the US military strikes against alleged drug smugglers in the Southern Caribbean and Eastern Pacific. We discuss whether either self-defense under jus ad bellum, or international humanitarian law applicable to armed conflict, apply to these strikes, and if not, whether there is any possible justification or defense for these killings under either international human rights law or domestic U.S. criminal law. We also discuss possible military intervention in Venezuela, and put the strikes into the broader context of the ongoing assault against the international rule of law.
