Search: battlefield robots
11 Feb Revisiting Omission Liability at the ICC in the Wake of Evolving Weapons Technology
...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....05 Dec Due Process under the U.S. Constitution and International Law: The Rift Widens
...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...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...14 Jun What do Appropriate Due Diligence Measures for Nonstate and Substate Partners Look Like? Part II: A Sample of US Practice in Iraq, Syria, and Afghanistan
...questioning at intelligence hubs focused on conflict and battlefield developments – no doubt motivated by their intelligence value – but FSA commanders also said they were frequently questioned about allegations of misconduct or war crimes by their affiliates or other groups. Where FSA groups crossed a “redline” – to include allegations of war crimes or human rights abuses – they were not infrequently cut. The most infamous example was the blocking of the Al-Zenki group from both State Department and CIA support after repeated reports of rights abuses, including the...
29 Apr Symposium on Boyd van Dijk’s Preparing for War: The Making of Future Wars – A Methodological Note
...these victims of Hitler’s empire “had an overly emotional outlook full of blind spots. Unable to think like occupiers, they produced texts, he argued, that would hamper their future ability to put down (anti-colonial) rebellions” (p. 38). It was the experience of war making that would according to the British delegate be conducive to making the future (colonial) battlefield. The wartime experience of victims was seen in this light as counterproductive. But stressing the importance of different war experiences for the project of shaping future wars, is a major contribution...01 Feb A Response to Sean Watts by Geoffrey Corn
...of the law in other areas. To his credit, Prof. Watts points out that it is the attenuation from the traditional battlefield that in large measure justifies deviation from the traditional combatant civilian dichotomy and that his proposal should not be viewed as a general condemnation of that tradition. Nonetheless, I believe his proposal will beg the question: if state association should be the singular focus for determining who can engage in CNA operations when the operative is unlikely to be observed by the enemy and therefore will not implicate...
19 Nov Demonstrating the Future of War: Tech Companies and Claims of Epistemic Authority on Military AI
...unpredictable. More data does not automatically lead to clearer perceptions of the battlefield or a better understanding of the adversary. For instance, Karp stated that the Israeli Defense Forces (IDF) integrate Palantir’s software capabilities into their targeting practices. Yet, the mass destruction and genocidal violence in Gaza show that AI technologies have provided the IDF not with tools of precision to execute limited military operations, but rather with more potent means of surveillance and lethal violence. Second, by supporting the narrative that data-driven military targeting is automatically more efficient, tech...
31 Mar Options for a Peace Settlement for Ukraine: Option Paper I – Neutrality and Related Concepts
...what a possible settlement for Ukraine might look like. The aim was to show that a relatively condensed settlement could be possible, despite the ever more complex nature of the situation in Ukraine. That contribution also attempted to demonstrate a few ideas on how one might address some of the more difficult issue areas in a potential settlement. Any specific settlement proposal will of necessity reflect the relative configuration of the sides on the battlefield and in the wider political arena. It is not possible to predict what this situation...