Search: battlefield robots

...January 2002 as a collection of crude open-air cells guarded by Marines in a muddy tent city is today arguably the most expensive prison on earth, costing taxpayers $800,000 annually for each of the 171 captives by Obama administration reckoning. That’s more than 30 times the cost of keeping a captive on U.S. soil. It’s still funded as an open-ended battlefield necessity, although the last prisoner arrived in March 2008. But it functions more like a gated community in an American suburb than a forward-operating base in one of Afghanistan’s...

...the “specific direction” standard bulldozes over. In broaching the question of necessity, courts would discriminate between: (a) providing Syrian rebel groups with weapons (knowing that they will lead to some international crimes) in order to prevent bloodletting of civilians on a massive scale; and (b) furnishing the same weapons (knowing that they will lead to some international crimes) in order to trial cutting edge military technologies in a battlefield setting. Clearly, the rationale for the assistance matters enormously in ascribing moral and criminal responsibility, but the new “specific direction” standard...

...treatment. And they secure the right to appeal to Article III judges – all the way to the United States Supreme Court. In addition, like our federal civilian courts, reformed commissions allow for the protection of sensitive sources and methods of intelligence gathering, and for the safety and security of participants. A key difference is that, in military commissions, evidentiary rules reflect the realities of the battlefield and of conducting investigations in a war zone. For example, statements may be admissible even in the absence of Miranda warnings, because we...

...are attacked (including with lethal force) should not amount to gratuitous injury or suffering. I contend that the right to use armed force is limited to the objective of rendering individuals hors de combat (taken out of battle) or, in the collective sense, to defeating enemy forces. Parties have a right to kill enemy combatants during hostilities, but that right is constrained when killing is manifestly unnecessary to removing an individual from the battlefield. In some circumstances, it will thus be unlawful to use lethal force when a fighter could...

...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,...

...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...

...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,...

...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...

...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...

...‘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...

...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...

...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...