Search: battlefield robots

14 Dec Wikileaks and the Pentagon Papers

...the release of battlefield ops and detail in an active war zone would serve to inhibit the muscle and bulwark that is the 1A. Of course, nothing in WikIleaks comes close to approaching that sphere of disclosure, nor did the PPs for that matter. More on point, 1) not even was injunctive relief granted; 2) words of criminal prosecution being successful were offered conditionally, when they were offered, except by White; 3) two justices emphasize the point that the statutory history of the Espionage Act makes clear that congress expressly...

24 Jan Appellate Jurisdiction Over Political Questions

...suffering. In 1965, David Henry Mitchell II, who was eventually convicted of willful failure to report for induction, challenged the legality of Lyndon Johnson's war. He raised basic constitutional issues: the absence of a formal declaration, broken treaties, a pattern of war crimes on the battlefield. No soldier, Mitchell argued, should be forced to participate in criminal policies, to choose between near-sedition and the commission of war crimes. Federal Judge William Timbers refused to hear the evidence. When Mitchell's attorneys argued that under the Nuremberg Principles soldiers have a duty...

22 May A Word on Maqaleh

...Article 5 hearing designed for battlefield-collected captives to contest their status as enemy combatants, lawful or otherwise?? [The CSRTs were knock-off frauds of such hearings, as even military judges have had to concede when finally forced to it in a case or two, as will likely happen again with another captive next month in Guantanamo.] Captives denied POW protection and lawful Article 5 tribunals can hardly appeal to their MILITARY CAPTORS for a fair opportunity to be heard in an Article 5 hearing - which that same military has already...

31 Jul When Nations Fight Networks

...forces struggle to address the challenges of the asymmetrical battlefield, it is at least worth contemplating whether such initiatives might just increase respect for the jus in bello during such conflicts, and in so doing mitigate the asymmetry as it relates to the law. Seamus Professor Alford, As it pertains directly to your post, I suspect you would be interested in Dr. Avi Bell's piece, 'Human Rights Watch's Q&A on Lebanon War: Selective and Distorted Application of International Law,' found at NGO Monitor: Promoting critical debate and accountability of human...

23 Jan A Response from the Human Rights Community

...an essentially open-ended nature, neither battlefield-type tribunals nor the CSRTs are really adequate. I don't have space here to go into what the correct form of procedure should be, but this principle seems to me the essential starting point. John Knox Geoffrey Corn says, ""Doubt" is the trigger for an Article 5 Tribunal. However, nothing in that provision of the Third Convention indicates that such doubt exists whenever an individual questions his status. Nor does state practice support such an assertion." As I noted earlier in response to one of...

25 Jan Separation of Powers and Troop Build-Up in Iraq

...Commander in Chief for 4 years. His power therein is not contingent on his current poll numbers. He should certainly heed the opinion of the people, but ultimately, the judgement call is his. For true democratic control of the war, the people would require access to all our battlefield knowledge and information. Security makes this impractical, and the limitations of each citizen's time does as well. William J. Neill As a preface to what you read below, I am neither a Constitutional scholar nor an academic. I served in the...