Search: battlefield robots

...version of this Hoover Institution article on the evolution of the debate over whether there is a “legal geography of war.” I extended it a bit to cover the latest twist in the debate, noted by Charlie Savage in his New York Times coverage. This is the internal debate between State and Defense lawyers over whether there is a legal notion of a “hot battlefield,” outside of which not even members of “associated forces,” such as Al Qaeda in the Arabian Peninsula, that are belligerent with respect to the United...

...coalition has participated. While by no means diminishing what ANZAC day means to Australia and New Zealand, all countries have their holidays commemorating wartime service and sacrifice. But what makes ANZAC day so compelling to me is how the relationship between former battlefield enemies has evolved. Flash forward from the 1915 Gallipoli Campaign to 1934. Attaturk, President of Turkey, purportedly authored a tribute to the ANZACS who fought, and died, in Turkey: Those heroes that shed blood and lost their lives…. you are now lying in the soil of a...

...crafting and implementing AI strategies for battlefield use and beyond, and the ICRC is right to include AI and machine learning for use in armed conflict as a key challenge in our contemporary landscape. Those states that have published specific military AI strategies, such as France or the US, typically stress two aspects from the outset: first, that AI is set to change the way wars are fought in a significant manner, and second, that AI will yield tremendous benefits to military organisations across a range of domains, such that...

...the use of a missile fired from a drone in battle significantly different from a missile fired from a manned aircraft, or a helicopter, or some other place. Critics who call the practice extrajudicial execution, however, are frequently focused upon another scenario. The version of it analytically furthest from the hot battlefield scenario is a CIA directed drone missile strike upon a target in a compound far away from any theatre of active fighting, such as AfPak — someone in Yemen or Somalia, to take the obvious examples. From the...

...the legal basis for the use of force, rules of engagement, capitulation, parole and local cease fire agreements, civilians on the battlefield, war crimes investigation, negotiations with armed groups, the wearing of non-standard uniforms, and child soldiers on the battlefield. Judge advocates are critical and much relied upon members of the military commander’s staff, and move when and where their units move…. The enforcement of the Solomon Amendment is essential to supporting and maintaining the military, especially considering the “increasingly challenging recruiting environment” brought about by the Global War on...

...deeply interested – and deeply skeptical. Violations of these kinds are frequently asserted by human rights groups, such as Human Rights Watch in its various Gaza and other reports. But in the post-war period, I am not aware (and once a couple of years ago was able to put a squad of highly paid law firm associates to the task of looking up stuff) of any case that specifically claimed, over the traditional “commander’s battlefield discretion,” even to prosecute a violation of proportionality as such, let alone a conviction for...

...careful to distinguish between the promotional visions of these companies and the actual deployment of new military AI tools on the battlefield, the overall direction is clear: towards more datafication, automation, and the further systematization of killing in warfare. The software provided by companies such as Anduril, Palantir, and Scale AI – or developed in collaboration with them – is thereby crucial as they offer the broader infrastructure for collecting, fusing, and analyzing data and making it actionable. These tools, in turn, embed and fixate ideas of perfect knowledge, a...

...are prominently platformed because they are “the ones applying IHL during real-life battlefield situations”. Centering operational considerations is what is considered necessary to ensure that the legal analysis is not “divorced from what is happening on the ground”. The perspectives of those at the receiving end of bombs, bullets, or exploding pagers are immaterial for a legal analysis that aims to be realistic. At best, the experiences and losses of war victims are a tragic reality that needs to be accepted as inevitable, without being seriously reckoned with or examined...

...may be held accountable for their actions.) Chemical weapons on the other hand are entirely indiscriminate. It is simply not possible, particularly in an urban environment like the suburbs of Damascus, to use them in a way that is by any standard legal. Further, the risk that the Syrian battlefield may turn into one where chemical weapons in a region that is already incredibly unstable from sectarian rivalries, the fallout of the Arab Spring and, yes, the 2003 intervention in Iraq, raises very real security concerns. Is having open chemical...

...“Losing Humanity: The Case Against Killer Robots,” the same weekend that the Defense Department issued a DOD Directive, “Autonomy in Weapons Systems.” We’ve talked about the HRW report here at OJ some – it is both a report and a set of recommendations calling for a multilateral treaty that would prohibit the “development, production, and use” of autonomous weapons systems. To judge by its reception in the international NGO community, it seems to be a call for the landmines ban campaign of the 1990s, redux. The DOD Directive, for its...

...right to kill an American citizen allegedly associated with Al-Qaeda who is living in Phoenix? 2. Standing aside, if word leaked out that the Obama administration intended to kill that American citizen living in Phoenix, should the judiciary should invoke the political-question doctrine to avoid litigating a challenge to the planned attack? I have been waiting a long time for someone who defends the targeted killing of Americans away from the battlefield (i.e., in a situation that is not covered by IHL) to answer the “inside America” hypothetical. It is...

Former U.S. Attorney General Janet Reno and a number of other former U.S. Department of Justice officials filed an amicus brief yesterday in Al-Marri v. Wright, a case currently before the U.S. Court of Appeals for the Fourth Circuit (see the WPost article here). As a legal argument, the amicus brief offers little that is new or surprising. It argues that the “enemy combatant” designation cannot be used against civilians capture outside the battlefield – this is quite likely to be the next front in the legal war over “enemy...