Search: battlefield robots
21 May No, the UN Has Not Said the U.S. Is Engaged in an “Armed Conflict” with Al Qaeda
...by Pakistan itself, not by third parties, and so far it has implicitly acquiesced. Therefore, the statement only deals with the justification for targeting Bin Laden with lethal military force in the specific location where he was found. On 9/18/01 when the AUMF was passed, the Taliban controlled 90% of the area of Afghanistan, represented the only functioning government, and had an army of 45,000 soldiers engaged in a conventional battlefield against insurgents (the Northern Alliance). One can argue that this armed conflict started as an IAC. If so, I...19 Mar Drone Swarming and the Explosive Remnants of War
[Maziar Homayounnejad is currently a PhD researcher at the Dickson Poon School of Law, King’s College London. His research primarily focuses on law of armed conflict aspects of autonomous weapon systems, with a secondary focus on arms control and non-proliferation.] On January 5th of this year, a Russian air base and a nearby naval base were attacked by a swarm of 13 makeshift drones carrying explosives. This was the first known swarm attack to take place in a real battlefield and, fortunately for Russian forces, it failed: according to the...24 Jun OLC Memo – The Due Process Piece
...Mathews v. Eldridge (a 1976 Supreme Court case assessing what process was due before the government could deprive an individual of property) as setting the test for assessing how much process is required in the targeting case as well; Mathews is the test the Hamdi Court applied in 2004 in determining that U.S. citizen Yaser Hamdi, picked up on the Afghan battlefield, was entitled to notice of the reason for his detention and an opportunity to be heard by a neutral arbiter, once the exigency surrounding his battlefield seizure had...03 Aug Sir John Keegan, Ave Atque Vale
...remarks in some years about war and law were those written three years ago in this paper [TLS] by John Keegan. “The experience of land war in two world wars”, Adam Roberts observes in The Laws of War, the book Keegan is reviewing, “‘must necessarily raise a question as to whether formal legal codification is necessarily superior to notions of custom, honour, professional standards, and natural law’ in making for battlefield decencies.” Keegan answers simply, “There is no substitute for honour as a medium for enforcing decency on the battlefield,...18 Jan Another Round on IHL and IHRL
...of theory, should we focus on the issues from the standpoint of a military commander on "the battlefield" and more generally in a theatre of war and ask the questions, WHO would have a relevant human right even though global human rights law applies universally and in the context of war (international or non-international) and WHAT human right are we to consider? From that perspective, I would say that the first issue has been answered (and for some of you, please just assume the premise), that global human rights law...01 May Was the Kunduz Hospital Attack a War Crime?
...stress) and, negligence in the battlefield itself , under stress and fire, where, the judgment of commander actions , shall and must be, much less severe, due to probable necessities and improvisations on the ground . And so , If : negligence, is revealed prior to battlefield stress, and : could be avoided by carefully or reasonably sticking to written protocols, and : huge loss could be anticipated in advance due to it , then: The prosecutor in Hague , could find great interest in it .For less than that...24 Jan Jean-Marie Henckaerts Responds to Ken Anderson on ICRC Customary International Humanitarian Law Study
...the last twenty years  would still be considered lawful by States in case they constitute military objectives and sufficient precautions are taken. If mere battlefield behaviour were examined such targets would have to be considered off-limit. The same is true for nuclear weapons: on the basis of a mere consideration of battlefield practice, nuclear weapons would have to be considered unlawful  a position clearly not shared by the nuclear powers. This shows that verbal acts have an important impact on how battlefield practice has to be looked at....08 Jan You Know the Holidays Are Over When
...world.” For you law-of-armed-conflict fans, looks like Judge Bates was particularly interested in where the petitioners were initially captured; most claim they were no where near Afghanistan much less an Afghan battlefield when taken into custody. (Petitioner Redha al-Najar, for example, has witnesses who say he was in his home in Karachi, Pakistan when taken.) While the issue looks like it arose at the 3.5-hour hearing in discussions of Kennedy’s practical-obstacles test (it’s not like the military would have to pull witnesses off the battlefield to testify since these guys...