National Security Law

[Markus Wagner is Associate Professor of Law at the University of Wollongong. This post is part of our New Technologies and the Law in War and Peace Symposium.] The question of how law relates to technological innovation is far from new. For the most part, law has played catchup to technological developments – both in the civilian and military realm. While digital technologies are not exactly...

[Alejandro Chehtman is Professor of Law at Universidad Torcuato Di Tella. This post is part of our New Technologies and the Law in War and Peace Symposium.] In New Technologies and the Law in War and Peace (CUP, 2018), Bill Boothby and his colleagues have written an important collection of essays exploring the regulation of new weapons systems under both the ‘laws of wars and peace’....

[Rob McLaughlin is a Professor of Military Security Law and Director of the Australian Centre for the Study of Armed Conflict and Society at UNSW Canberra.This post is part of our New Technologies and the Law in War and Peace Symposium.] As Bill Boothby has observed in New Technologies and the Law in War and Peace, ‘It is…difficult to determine what the future seems...

[Kobi Leins is an Honorary Senior Fellow at the University of Melbourne. This post is part of our New Technologies and the Law in War and Peace Symposium.] The machine itself makes no demands and holds out no promises: it is the human spirit that makes demands and keeps promises. In order to reconquer the machine and subdue it to human...

[William Boothby is an Adjunct Professor of Law at La Trobe University, Melbourne. This post is part of our New Technologies and the Law in War and Peace Symposium.] That the pace of technological advance has quickened markedly in recent years is well recognised.  That the law struggles to keep up is frequently pointed out.  Rather than wring one’s hands and...

This week, we are hosting another book symposium on Opinio Juris. This time, we feature a discussion of William Boothby’s new book, New Technologies and the Law in War and Peace, published by Cambridge University Press. In addition to comments from William himself, we have the honor to hear from a list of renowned scholars and practitioners: Kobi Leins, Robert...

[Craig Martin is a Professor of Law and the Co-Director of the International and Comparative Law Center at Washburn University School of Law.] Questions regarding the meaning, importance, and operation of “lawfare” were recently discussed at a great conference on Legal Resilience in an Era of Hybrid Threats at the University of Exeter. Several speakers explained how lawfare is being used by adversaries...

I have been thinking more about how the OTP can appeal the Pre-Trial Chamber's refusal to authorize the Afghanistan investigation. I was perhaps a bit too dour in my assessment of whether the Appeals Chamber is likely to get the chance to reverse a decision that I consider fundamentally flawed. The most obvious option would be to seek leave to appeal the...

Nearly 100 employees recently released an open letter to Microsoft demanding that the company cancel its nearly $500 million contract with the Army to develop an Integrated Visual Augmentation System (IVAS). I will let the employees explain why: The contract's stated objective is to "rapidly develop, test, and manufacture a single platform that Soldiers can use to Fight, Rehearse, and Train that...

At Lawfire, my friend Charlie Dunlap has a long post arguing that the mission to kill Osama bin Laden was consistent with both the jus ad bellum and the jus in bello -- a response to a recent Stephen Carter op-ed that raises questions about the mission. I agree with much of what Charlie says, particularly about the jus in bello...