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Search: drones

12 Feb

Mihai Martoiu Ticu It strikes me how many Western intellectual jurists just accept that international law is dominated by power. Most of them don't even see how outrageous it is that individuals cannot sue states in an international court for human rights. Guantanamo, torture and killing with drones depend on the political ambitions of the US politicians, not on law. Mauritius cannot sue the UK at ICJ to get the Chagos back. This is another way how power works in international law. Jurists have internalized such facts as facts of...
12.02.13 | |

23 Nov

Mihai Martoiu Ticu Such sounds are welcome here. Until now we heard mostly people telling us that they are free to kill us with drones whenever they like, while they never think about the obvious that we should be able to sue them if we didn't agree with being killed. ==The West wants to hold the rest's use of internal force to international account, but exempt its own use of international force from independent accountability.== Indeed, maybe one could explain to me why can't Iraq sue the United States at...
23.11.10 | |

31 Aug

...triggered only to respond to large-scale atrocity crimes – genocide, war crimes, crimes against humanity and ethnic cleansing. The examples he cites seem off point. But, yes, you make a good argument that (as with the use of drones), it is possible that other countries might in the future attempt to utilize precedent set by the U.S., and this clearly needs to be considered. I am not arguing that the US should be above the standards of international law (I actually would argue to the contrary – that it very...
31.08.13 | |

20 Sep

...or statement by the Special Rapporteur. But haven't we seen that before? Jordan Response... Instead of claiming no jurisdiction (and suffering foreign policy defeats), the U.S. should agree that human rights law applies during war BUT, on the merits, those who would be protected under, for example, the ICCPR must be within the "effective control" of the U.S. or its personnel and that those targeted by drones are not. Further, on the merits, they are not targeted arbitrarily and the human right to life is a right to freedom from...
20.09.11 | |

23 Nov

...for violations of their rights. For instance Guantanamo inmates should be able to sue the U.S., demand due process or demand to be released. The relatives of persons killed by drones should be able to sue U.S. and if the killing is unlawful, they should get compensation. Al-Adsani should be able to sue Kuwait. Etc. Liz Well, MMT, that would certainly make a compelling case for nation states to engage in proxy warfare to ameliorate the potential for culpability. As power is already devolving along with stability, I see no...
23.11.10 | |

02 May

...counter arguments for a trial, but nevertheless aosme sort of process even ex post would have respected rule of law instead of immeidate burial at sea - or any UArt 51 or AUMF authorization arguments that oks in Khanna's mind intrusion into Pakistan's territorial integrity. Such theories for "new rules" and norms are extremely premature and very dangerous especially when applied as practice in context to a highly unstable area of the world already feeling the heating of what are considered extra judicial killings from the use of unmanned drones....
02.05.11 | |

29 Aug

...function as of 12 August due to fuel shortages. Eight hospitals, including three in the southern suburbs of Beirut, were forced to close because bombs were falling around them daily.(27) One hospital, alleged by Israel to be a Hizbullah headquarters, was directly attacked. On 2 August, Israeli commandos in helicopters, supported by fighter planes and drones, raided al-Hikmah hospital in Baalbak in the eastern Bekaa valley. The Israeli army said they captured five Hizbullah members there. However, according to local residents, the five were not captured at the hospital but...
29.08.06 | |

12 Aug

Mihai Martoiu Ticu It’s a very dangerous technology. Imagine George Bush with electrodes on his head in the dock at ICC giving away that all he wanted was to rob Iraq and control the rest of the world instead of bringing democracy, freedom and fighting terrorism. Or imagine that Koh should have to deliver his speech about drones with such a device on his head and all the read leds detecting lies would explode. Benjamin Davis Orwell's Thought Crimes. Ugh! Best, Ben...
12.08.10 | |

06 Mar

...(discussing these cases (and relying on your great work on piracy)). Mihai Martoiu Ticu If I understand it correctly there is no problem in violating the sovereignty of other states when U.S. invades other countries for oil, kills people with drones, abducts, tortures and rapes El-Masri. One can even sue foreign states when designated by U.S. as terrorist. But sovereignty becomes a problem when big bucks are held accountable. Francisco Forrest Martin Prof. Kontorovich: U.S. v. Furlong addressed the crime of piracy, whereas the ATS is a civil statute. The...
06.03.12 | |

19 May

Salstate As far as I can make out, this person is saying the US can kill whoever it wants wherever it wants…and we should trust them that they follow a rigorous procedure to ensure that such killings are covered by their laws - which they passed to make sure they could kill whoeever and wherever they want. Don’t get me wrong, I think the Osama hit was one they could come pretty close to justifying, but they use the same justification for the slaughter of people with drones, some, possibly...
19.05.11 | |

07 Dec

...temporal limits on such participation. So although I agree that the U.S. would never deliberately target children for no reason, I do not think it is beyond the realm of possibility that it is willing to consider children lawful targets when IHL would say they're not. Mihai Martoiu Ticu Children carrying soda bottles have potential hostile intent because the bottles can be full of potassium chlorate. The only problem is to program drones to recognize soda bottles. John C. Dehn Adding to what Chris said, U.S. soldiers are trained that...
07.12.12 | |

04 Nov

...border, but throughout Pakistan and plausibly anywhere else where enemy combatants may be found. It may also be that if the CIA is constrained by the Geneva Conventions in the treatment of detainees then it is also authorized to remotely pilot the drones against enemy combatants not captured. Kevin Jon Heller Howard, You are absolutely right. I was not thinking specifically about KSM when I claimed that Bush authorized the commission of war crimes; I was thinking about all of the detainees captured in Afghanistan, which clearly satisfy the nexus....
04.11.10 | |