Search: battlefield robots
01 Nov Fourth Annual Symposium on Pop Culture and International Law: Representation of Ethical and Moral Dilemmas of Drone Warfare on Screen – An Analysis of ‘Good Kill’ and ‘Eye in The Sky’
...of whether the second strike was necessary. Law and Justice, But Existing Tropes What is presented to the audience are, on the face of it, brief questions. What is the acceptable use of force and potential collateral damage when war happens at a distance from the battlefield? Both films can be classed not only as war films, but also as law and justice films which ask the audience what they would do as they watch events unfold through a screen in the same way the characters do. Yet while the...
07 Mar Creating a Special Tribunal for Aggression Against Ukraine Is a Bad Idea
...the Allies faced after WW II. The unlikelihood of a Ukrainian victory foregrounds the key practical problem a Special Tribunal would face: obtaining suspects and evidence. Nearly all of the suspects and evidence would be in Russia, because unlike other international crimes the crime of aggression focuses on decisions that are taken and plans that are made behind closed doors, not actions on the battlefield. Russia would obviously refuse to cooperate with a Special Tribunal after the conflict ends, and the one avenue that would exist for enforcing its cooperation,...13 May Planning for Detention
...e.g. Vietnam and the 1991 Gulf War). All of these models have had issues, but some far far fewer than others. I got curious a few years back so finally did some digging and wrote up this little survey. Here, for example, is 1991 in sum. Between January 22, 1991, when the first prisoner was captured, and May 2, 1991, when the United States transferred the final prisoner from its custody, U.S. detention facilities processed nearly 70,000 detainees, including through the use of battlefield hearings on prisoner status pursuant to...20 Jun Can President John McCain Execute Osama Bin Laden Without a Trial? Nope.
...the congressional authorization for a military response to September 11 remains good law. But the execution without trial and/or the denial of habeas corpus is much murkier. As it stands now, I don’t believe the President can execute (as oppose to kill on the battlefield) Bin Laden without sending him through the military commission system (which could take a while). Nor does the President control whether or not Bin Laden gets habeas corpus. The Court’s Boumediene decision makes that question tricky, but certainly there is good reason to believe that...25 Jul The Honeymoon is Over for Paul Kagame
...of weapons and soldiers through Rwandan territory”, and recruited Rwandan youths, demobilised ex-combatants and Congolese refugees as M23 fighters. It also offers evidence of “direct Rwandan Defence Forces (RDF) interventions into Congolese territory to reinforce M23” and “support to several other armed groups”. “RDF operational units are periodically reinforcing the M23 on the battlefield against the Congolese army,” it said. Many M23 members formerly served in another Rwandan-backed militia, the National Congress for the Defence of the People (CNDP), which was responsible along with other militias for widespread atrocities over...05 Dec Due Process under the U.S. Constitution and International Law: The Rift Widens
...U.S. citizens; the question was whether this congressional grant of detention power extended not only to a battlefield in Afghanistan (as in Hamdi), but also to the United States. Last year, Feinstein successfully introduced an amendment to the FY2012 NDAA that carefully preserved the status quo by specifying that the act did not alter existing law or authorities relating to the detention of individuals arrested in the United States, regardless of citizenship. But Feinstein’s amendment to this year’s NDAA weakens the effect of that language. While the new amendment would...08 Feb U.S. "Enemy Combatant" May Be Transferred to Iraqis
...a non-uniformed soldier using tactics in violation of the customary laws of war against U.S. military personnel. At least in this context, this doesn’t seem like some crazy idea cooked up by the U.S government. One can imagine its practical usage – especially on the battlefield. The individual in question here is alleged to be a Al Qaeda operative in Iraq. But U.S. courts’ skepticism of the enemy combatant concept is probably why the U.S. is transferring him to Iraq. Leaving him in U.S. custody means that he could bring...08 Nov Berkeley Conference: The Internet in Bello: Cyber War Law, Ethics, and Policy
...focused on how cyber warfare might require new rules, or new interpretations of rules, regarding the conduct of hostilities, or the jus in bello, once armed conflict has begun. The Internet in Bello seminar will provide an opportunity for scholars and practitioners to explore issues such as intelligence-gathering and other means of ‘preparing the battlefield’; neutrality before and during cyber war, starting with how to interpret in the Internet era the traditional requirement that neutral States not participating in a given armed conflict not allow the movements of troops or...03 Mar Art and Auto-Interpretation of Treaties
...should celebrate and which we should disapprove. We might analogize it to debates among various schools of art. Do we consider photorealism (i.e., textualism) to be better than abstract art (i.e., the New Haven School)? Or, is the answer somewhere in between a la impressionism (i.e., the VCLT rule)? Perhaps Prof. Gardiner’s point is simply that treaty interpretation has evolved to the point where the community of interpretators has agreed upon a single, acceptable technique for our art, namely the VCLT. It’s become, to use Jan Klabber’s phrase, our battlefield...02 Mar Interpretation as the Continuation of Politics by Other Means
...would constitute such relevant materials) and, more importantly still perhaps: it would lead to all sorts of difficult negotiations on what exactly the record should reflect. Imagine the sort of record created if the UNCLOS travaux would have been thought to be decisive for future interpretations; the process would in all likelihood have taken twice as long. Still, any lawyer worth her salt will consult whatever record is available. The main function served by the Vienna Convention’s rules, then, is as something of a battlefield: the continuation of politics by...