Search: battlefield robots

...return of combatants to the battlefield during conflict.” International law, consistent with Charming Betsy, was imported into the statute in Hamdi, and now the plurality in Hamdi controls Padilla. The statute implicitly authorized detentions of enemy combatants consistent with the laws of war, and the Executive branch, the Fourth Circuit held, is acting consistent with those obligations. No meaningful distinction was made between an American and non-American enemy combatant. Nor was there any meaningful distinction made between the conventional war at issue in Hamdi (the ongoing war in Afghanistan) and...

...the foreign forces were still present in Afghanistan and party to the ongoing armed conflict at the time. What might be made of the remedial obligation – that is, if IHL duties of protection are not met, what follows – that the applicants raised? In short, we typically think of the protection of civilians as actions taken on the battlefield, but in such special circumstances where there is an acknowledged special connection between the civilians in question and the state, could bureaucratic actions taken at home such as the proper...

...of guidance as to the interpretation of the authorization of the use of military force in the Hamdi case, where the court interpreted that enactment and determined that the detention of an individual who was captured on the battlefield in Afghanistan fell within the scope of that. And they relied there, I think, on customary practices in the conduct of warfare in determining what fell within the scope of the authorization. FEINSTEIN: Let me stop you right here, because that’s right. Because detention is a necessary following of an authorization...

...the Tadic test: the organization requirement. The White Paper simply assumes that “al-Qa’ida and its associated forces” constitute a single organized armed group for purposes of IHL — “a transnational, non-state actor” that is “one of the parties” involved in “the non-international armed conflict between the United States and al-Qa’ida that the Supreme Court recognized in Hamdan” (emphasis mine). Indeed, the White Paper must make that assumption because, by its own admission, what justifies targeting a “senior operational leader” away from an active battlefield is precisely that, as a member...

Last year the British media entered into a voluntary agreement with the British Ministry of Defence to have a news blackout of Prince Harry’s deployment in Afghanistan. Harry had been serving there about ten weeks when the news broke on the Drudge Report of his whereabouts. The BBC is now defending the news blackout. From the sounds of it, in exchange for extensive filming of Harry on the battlefield, the British press would keep mum about his deployment to Afghanistan. “So, for the past ten weeks, the BBC, ITV and...

[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...

[Dr. Thomas D. Grant is a Fellow of the Lauterpacht Centre for International Law at the University of Cambridge and a Visiting Fellow of the National Security Institute at George Mason University.] Remedy for the Breach: Seating Ukraine Part One of this blogpost proposed that the anomaly of Russia’s presence as a Security Council Permanent Member be addressed through Rule 17 of the Provisional Rules of Procedure of the Security Council. To recall, Rule 17 provides that “[a]ny representative on the Security Council, to whose credentials objection...

...developed to regulate the conduct of States and individuals might extend to the use of AI as it starts assuming the tasks that human beings traditionally performed on the battlefield.’ (p.135). Whilst the general consensus of the international community, at this time, is that IHL should continue to be the applicable legal framework to regulate LAWS, given the additional concerns and difficulties associated with regulating artificial intelligence generally, revisiting how IHL will apply to the military use of this technology will very much remain a work in progress. In line...

...princess would. But what do I know? I once thought that a really great TV comedy in the 1990s would be an American military surgeon assigned (in order to get much needed expertise, this being the pre Iraq 1990s) to a roving team of those plucky, happy go lucky, hard partying Swiss doctors out dealing with landmine and other battlefield injuries across the world: sounded pretty funny to me but, if one needed confirmation that it was not, it sounded pretty funny to my friends at the ICRC, too. Jody,...

...equipped to answer some international law questions than others. Rationalist accounts may be better equipped to make general predictions about “states” than to explain specific individual decisions. Anthropology, on the other hand, may be able to explain those individual decisions, but with its emphasis on deep description, may not yield many generalizable hypotheses. Controlled experiments will be easier to carry out in some contexts than others: it is easier, for example, to test the opinions of the general public than that of experts in negotiation or on the battlefield. Public...

...but joining ISIS (or al-Nusra) as reprehensible. This lack of regularity undermines existing policies, as it gives the impression that the distinction is based on ideology, which is a dangerous precedent to set. This development is especially alarming given that the Western-backed coalition (including Russia’s) objectives may not align with those of the YPG’s in the long-run. Kurdish territorial ambitions in a fragmented Iraq and Syria are likely to increase – not diminish – with battlefield success, pitting them against the US, Turkey, Russia, and Iran once the guns fall...

The NY Times ran this piece this morning on the challenge of coming up with estimates of the total dead as a result of the conflict in the Darfur region of Sudan. The problem is common in the face of mass humanitarian disasters: how to estimate death tolls in a place with no birth or death certificates or accurate census data, where complete villages have been destroyed, and where the size and conditions on the battlefield are such that actual counting of bodies is next to impossible. Moreover, survivors are...