Search: battlefield robots
28 May Drones and the CIA and Charlie Savage’s NYT Article
...Afghanistan has put in place an exceptionally restrictive ROE for the purpose of minimizing civilian harm that goes beyond what the law itself would require – but that is a matter of discretionary counterinsurgency strategy, not a requirement of law. Review of strikes is by the military itself, in theatre. The CIA, up until recently at least, has had a different strategic role and mission – taking out high value targets far from battlefield action, on the basis of various intelligence sources. The use of force is far more focused,...13 Jun What Comes Next?
...in relatively short order). See, e.g., Slip. Op. at 51, 52-53. This is at the heart of the mess that Roberts and Kennedy stumble into as they talk past one another in their discussion of direct vs. collateral review. Where the pre-habeas process is battlefield interrogation by U.S. soldiers, as the Solicitor General came close to suggesting in Hamdi, habeas courts will be searching and skeptical. Where the pre-habeas process offers a legitimate chance for innocent detainees to prove that innocence to an independent decisionmaker, the procedures and standards applied...08 Mar A Comment on Chimène Keitner’s “Right Beyond Borders”
...military operations abroad. In most cases, those rights have been developed and interpreted in peaceful democracies. Can they be applied to conflict zones abroad and if so, how? Will national courts have to develop exceptions to accommodate the law of armed conflict and the realities of the battlefield? The interaction of international human rights and the laws of war has caused much controversy and uncertainty, and national courts may be less than eager to subject their constitutions to the same stress test. Each court is also working within the constraints...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...
15 Aug Does the Establishment of Specialized Space Military Corps Ipso Facto Violate International Law?
...of Defense Report further outlined objectives, such as “deploy[ing] next-generation capabilities to support the warfighter”. While the reference to the ‘warfighter’ here does not necessarily allude to the USSF, the Report, in latter halves, blames the congestion and accumulation of rival militarization capabilities in space, specifically that of Russia’s directed-energy weaponry and China’s recent and recurrent anti-satellite (‘ASAT’) testing, for the need to militarize. It constantly refers to space as a ‘battlefield’ and advocates for the military leadership of a new independent armed corps. Additionally, the creation of the USSF...17 May More on Israel’s Support for Apartheid
...1979 for the top-secret test of a new missile system. During Israel’s 1982 invasion of Lebanon, the Israeli army took South African Defense Force chief Constand Viljoen and his colleagues to the front lines, and Viljoen routinely flew visiting Israeli military advisors and embassy attachés to the battlefield in Angola where his troops were battling Angolan and Cuban forces. There was nuclear cooperation, too: South Africa provided Israel with yellowcake uranium while dozens of Israelis came to South Africa in 1984 with code names and cover stories to work on...