Search: battlefield robots

...and other periods including the Marxist uprisings in the south; 2) accountability efforts are not partial  — there are simply limited LTTE members to prosecute as many high ranking individuals were killed on the battlefield; and; 3) prosecutors would likely prioritize high ranking security force members who ordered violations (to target limited prosecutorial resources for maximum impact) not the low ranking “foot soldiers.” Third, some consider TJ processes to be minority-driven, focusing on perceived Tamil only needs for justice and self-determination. This is exacerbated by the fact that the Sinhala...

Upcoming Events On January 10-11, 2013, The T.M.C. Asser Instituut and the International Centre for Counter-Terrorism – The Hague, in cooperation with the International Humanitarian and Criminal Law Platform, the Konrad Adenauer Stiftung, the Municipality of The Hague and the Dutch Ministry of Foreign Affairs, will host a symposium entitled The Boundaries of the Battlefield: A Critical Look at the Legal Paradigms and Rules in Countering Terrorism with the aim of discussing the contours of various approaches states take against non-state actors with the goal of countering terrorism. Specifically, the...

...anyone grappling with this issue understands that decisions related to the employment of combat power are not resolved in the quiet and safe confines of law libraries, academic conferences, or even courtrooms; they are resolved in the intensely demanding situations into which our nation thrusts our armed forces. The law must, as it always has, remain animated by the realities of warfare in the effort to strike a continuing credible balance between the authority to prevail on the battlefield and humanitarian objective of limiting unnecessary suffering. The clarity of the...

...have analysed states’ practices, how AGs view and interpret their international obligations has remained insufficiently explored. This knowledge gap has created challenges for humanitarian organizations seeking to engage with AGs on humanitarian access and respect for IHL. Attitudes and sources of influence on AG behaviour  The perspectives of AGs towards IHL, as well as their actual behaviour on the battlefield, are diverse and may change over time. They are contingent on a number of factors. For instance, a lack of capacity can explain the difficulties for AGs to comply with...

...the Rome Statute defines them as acts which “took place in the context of and were associated with an international armed conflict”. Associated suggests that the conduct is in relation to the conflict but not necessarily in the middle of the battlefield. As stated by the ICTY in the Kunarac case, “a violation of the laws or customs of war may therefore occur at a time when and in a place where no fighting is actually taking place”.  Some of the widely known elements to define the nexus requirement in Kunarac...

[Chanel Chauvet earned her Master of Laws in International Humanitarian Law and Human Rights from the Geneva Academy of International Humanitarian Law and Human Rights. She also holds a Juris Doctor degree from the University of Georgia School of Law. This is a post in our joint blog symposium with ICRC’s Humanitarian Law & Policy Blog exploring the new ICRC Commentary on the Third Geneva Convention ( GCIII Commentary ).] This post will explore the challenges of armed conflict that extend beyond the battlefield and into detention camps for many prisoners...

...humanitarian law to an awareness of finer points of battlefield law. The U.S.-weighted text incorporates lessons from many nations and includes hundreds of cases from jurisdictions worldwide. Professor Solis will provide a short explanation of his book and the challenges of illuminating the law of armed conflict in these challenging times. ASIL members Jamie Williamson, Legal Advisor to the ICRC in Washington, and Dick Jackson, Special Assistant to the Army Judge Advocate General for Law of War Matters and Chair of the Lieber Society, will provide commentary. Professor Solis will...

...status is due. Thus, for example, if we catch Osama Bin Laden running from the battlefield, there would be no doubt that he is not entitled to POW protections and the Conventions would not mandate an Article 5 review. As I stated in my last post, in response to Ken Anderson, we have in any event provided those detained at Guantanamo more extensive procedural protections in the CSRT process than in a typical Article 5 tribunal, including the opportunity to be heard from, to present reasonably available evidence, to obtain...

...foreign policy costs of the legal policy (the legal case was made by Taft in a separate memo ) quite well. In the section addressing the costs of determining that the GC did not apply to combatants captured on the battlefield in Afghanistan he noted: It will reverse over a century of U.S. policy and practice in supporting the Geneva conventions and undermine the protections of the law of war for our troops, both in this specific conflict and in general. It has a high cost in terms of negative...

...target is planning a terrorist attack; what, if any, the battlefield limits are; and what, if any, is the basis in law. . . . . . . On balance, President Obama, who campaigned against the “dark side” of the war on terror and has insisted that America must lead by example as a nation of laws, owes Americans an accounting of his targeted killing program. Revenge killings don’t pass the test for me. They’re unacceptable under international law. I want to know that any target is selected because there...

...war fighting justly. But suppose it isn’t possible. That’s what moral philosophers partly do – worry. What follows if it is not possible, or not a real possibility? What then? Well, the rules would have to be changed. We would have to reconsider the content of the rules jus in bello if we could not live within jus in bello and still have the just side win on the battlefield. ps. One general observation about the tenor of Professor Walzer’s (paraphrased) remark here. Just and Unjust Wars is taken in...

...the benefits accorded to POWs under the Third Convention, despite their failing to follow the laws and customs of war? More critically, though, the drafters of the Third Geneva Convention were aware that they were not drafting the treaty in a way that would ensure that everyone who took up weapons on a battlefield would receive POW status. To begin with, Common Article 2 of the Conventions limits the application of the vast majority of provisions, including protections to be provided to POWs, to armed conflicts between two or more...