Search: battlefield robots
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...05 Dec Jonathan Adler Raises Questions About Key Democrat Views on Interrogation Techniques
...‘impurists’; and, finally, an emerging category that, I and Michael Ratner (if no one else) discern, of purists-turned impurists-but protesting their purity. I’m told by reputable sources that this last category doesn’t actually exist, but Ratner does not seem to agree (see below). For my own part, I don’t recall those formerly urging try or release following up with me to offer anything like the detailed legal analyses of battlefield detention and the like that I seem to be offered today. But, I’m expressing this as a blogger, and will...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...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...09 Feb On a Differential Law of War by Gabriella Blum
...of “lawfare”? The paper offers an analytical framework through which to examine these questions. It begins from the observation that the current system of international humanitarian law (IHL) builds on the principle of the equal application of the law—the uniform and generic treatment of all belligerents on the battlefield according to the same rules and principles, and regardless of any disparity in power.. Yet regulation has taken a different path in some other areas of international law—most notably, international environmental law (IEL) and international trade law (ITL)—by linking obligations with...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...