Search: battlefield robots

...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...

...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...

...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....

...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...

...beyond an active battlefield or theater of operations, there are obviously diplomatic considerations that require caution. Should not the “sole organ” of our nation in international affairs (to quote the dicta most often cited by proponents of exclusive executive power in foreign affairs) consider them? In Yoo’s own words: “Poring over the files of kill-list nominees recalls Lyndon Johnson’s role in tightly controlling bombing strikes during the Vietnam War. During Operation Rolling Thunder, Johnson held Tuesday lunches when he and his advisers picked targets to avoid attacks that might provoke...

...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...

...Hariri, chief of the transitional council’s military committee, reviewed the documents and concluded that they explain the presence of brand-new weapons his men encountered on the battlefield. He expressed outrage that the Chinese were negotiating an arms deal even while his forces suffered heavy casualties in the slow grind toward Tripoli. “I’m almost certain that these guns arrived and were used against our people,” Mr. Hariri said. Senior rebel officials confirmed the authenticity of the four-page memo, written in formal style on the green eagle letterhead used by a government...