Search: battlefield robots

...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...

...profoundly skeptical of HRW’s ability to effectively investigate them: In Gaza and elsewhere where there is no access to the battlefield or to the military and political leaders who make strategic decisions, it is extremely difficult to make definitive judgments about war crimes. Reporting often relies on witnesses whose stories cannot be verified and who may testify for political advantage or because they fear retaliation from their own rulers. Bernstein is talking here about the problems HRW faces in investigating Israel’s war crimes in Gaza, not Hamas’s war crimes. But...

...when speaking at the Pentagon, Vice President Pence backed the President’s view, asserting, “…our adversaries have transformed space into a warfighting domain already. And the US will not shrink from the challenge.” The pivot to use of force becomes clear when you compare the 2011 and 2018 DoD reports. The former report advocates for interagency cooperation while the latter calls for military leadership of a new military branch. Perhaps most striking is the 2018 DoD report’s repeated references (some two dozen) to the “battlefield” of space or “warfighting” in space....

...world we live in, not the world we wish we lived in. Such rules should not provide greater protection than we would provide to American citizens held as enemy combatants in this conflict; and they must assure that court proceedings are not permitted to interfere with the mission of our armed forces. In other words, soldiers fighting the war on terror, for example, should not be required to leave the front lines to testify as witnesses in habeas hearings. Affidavits prepared after battlefield activities have ceased should be enough. And,...

...decision-making power. (And, if that wasn’t challenging enough, ITM is evaluating this question in the context of battlefield triage: a complex, time-sensitive situation where even experts disagree about what should be prioritized.) DARPA’s structure foregrounds how much individual choice can impact technological research and development. Program managers wield enormous discretionary power over what technological breakthroughs are pursued and how new technologies take shape. They determine the problems that significant funds are dedicated to solving, set the metrics for success, select the performers (researchers and developers who endeavor to achieve the...

...be satisfied (the “if you give a mouse a cookie” problem). The NGO advocates fundamentally (i) oppose the CIA ever using force, (ii) oppose targeted killing outside of some legally novel concept of a “hot battlefield” as a violation of human rights law, (iii) do not accept that a process is governed by the rule of law unless an Article III judge has ruled on it (and depending on the outcome, not necessarily even then), rather than any process of accountability among the political branches alone, and (iv) have grave...

...social science faculty and graduate students interested in learning about empirical research. There is more information available about the workshop here. The New York City Bar is hosting an event entitled T argeted Killing Away from a “Hot Battlefield:” Exploring the Legal Issues on May 28, 2013. Click here to register. The University of Amsterdam’s Research Project on Shared Responsibility in International Law (SHARES) will organise a seminar on Distribution of Responsibilities in International Law in Amsterdam on 30 and 31 May 2013. This seminar will consider extra-legal perspectives on...

...by this approach, omission liability ensures accountability at the level of operationalisation of LAWS in the battlefield. Thus, despite the silence of the ICCSt. in this regard, the ICC could fill this gap by drawing from the various sources of applicable law. On balance, it appears that reliance on customary international law might be misplaced as the elements of State practice and opinio juris cannot be strongly established. A more viable route to institute general omission liability is through general principles, with care being taken to avoid the sampling biases....

...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...

“The story of Ahmed Timol is rooted in our brutal past. He was not cut down on the battlefield while in the line of fire. He was detained under pernicious security laws and sadistically tortured for more than 4 days. Timol’s tormentors were police officers who were meant to serve and protect, particularly those in their care. While in an utterly incapacitated and defenceless state, and to cover up their crimes, Timol was thrown from the 10th floor of John Vorster Square. Even though he survived the fall the police...

...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...

...by the alleged terrorist; such participation is the minimum necessary to connect an individual to a NIAC who is located away from the battlefield and is not a member of an “organized armed group” participating in that conflict, and there is no credible argument that “material support” qualifies as active participation. Wittes and Chesney, by contrast, simply ignore the issue entirely. But let’s assume that the rules of IHL in NIAC do apply to the detention of alleged terrorists apprehended in the U.S. and in other locations that are not...