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United States v. Batchelder, 442 U.S. 114 (1979), was a United States Supreme Court case in which the Court held that, where two statutes criminalize the same act and those statutes have different maximum penalties, the maximum penalty of the statute the prosecutor chose to charge under applies.
Richard A. Falk, applies this to the case of Palestinians, arguing that the Palestinian right to armed resistance stems from Israel's denial of Palestinian right of self-determination. [18] Thus, not only does it make Palestinian armed resistance legitimate, but it also legitimizes material support they may receive from third-party governments ...
The Use of Armed Force in Occupied Territory. Cambridge University Press. ISBN 9781108562027. Moughrabi, Fouad (1992). "Israeli Control and Palestinian Resistance". Social Justice. 19 (3 (49)): 46– 62. ISSN 1043-1578. JSTOR 29766693. Quigley, John (2005). The Case for Palestine: An International Law Perspective. Duke University Press. ISBN ...
See, e.g., 2 Paul H. Robinson,[Criminal Law Defenses § 148(a), at 208 (1984) (conduct that would violate a criminal statute is justified and thus not unlawful "[where the exercise of military authority relies upon the law governing the armed forces or upon the conduct of war"); 2 LaFave, Substantive Criminal Law § 10.2(c) at 136 ("another ...
One increasingly discussed cause of protracted social conflict is historical trauma, which is the collection of adverse responses and experiences groups have after being subjected to violence such as colonization, ethnocide, and structural inequalities. In this view, historical trauma is a very common underlying causes of protracted social ...
The right to resist, depending on how it is defined, can take the form of civil disobedience or armed resistance against a tyrannical government or foreign occupation; whether it also extends to non-tyrannical governments is disputed. [3]
At the time, violence in the country was at its lowest since the start of the Iraq War in 2003. The United States even had plans to withdraw its troops. Four years have passed, and while massacres in Iraq have diminished in frequency, they have persisted — even as many Americans believed sectarian violence had been suppressed.
The amnesty law, reminiscent of the blanket amnesty that was adopted in the wake of the civil war in 1958, [38] applied to all political and wartime crimes, including crimes against humanity and human dignity, conducted prior to the date of 28 March 1991. Exempted from the law only were crimes committed against political and religious leaders. [41]