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Search: battlefield robots

04 Nov

...would pose a hypothetical, and when the student response was "He can't do that," the professor would reply: "Can't hell, he just did. What are you going to do about it?" Howard Gilbert The Rome Statute Article 8 requires a violation of the Geneva Conventions which in turn require the act take place within the context of an armed conflict. KSM was captured by the Pakistani ISI pretending to be a civilian and living in Rawalpindi, far beyond the range of any active battlefield. Kevin, I do not see how...
04.11.10 | |

23 Apr

...national security? Tsutsugamushi "The relevance of the distinction is that the Nazis had no logical reason to fear that the Jews threatened their national security. In fact, they had no reasonable basis for doing what they did. " On what ground is it reasonable to abduct somebody in Europe or from a US airport ignoring somehow this person is nowhere near a battlefield -leaving aside the thousands with no apparent ties to terrorism that were bought from bountyhunters- and then claim they were about to "attack" the US? In other...
23.04.09 | |

09 May

...the right to eliminate its enemies on the battlefield, but the Geneva Conventions and other laws of war do not permit this sort of action. At the time of his death, bin Laden was subject to U.N. sanctions including an asset freeze and travel ban. But US hadn't territorial control over OBL area, wasn't within custody of US forces & was hors de combat for the purposes of IHL/OBL. In the light of the evidence and The rule of Law: In the case of OBL, UN “Basic Principles on the...
09.05.11 | |

14 Dec

...the release of battlefield ops and detail in an active war zone would serve to inhibit the muscle and bulwark that is the 1A. Of course, nothing in WikIleaks comes close to approaching that sphere of disclosure, nor did the PPs for that matter. More on point, 1) not even was injunctive relief granted; 2) words of criminal prosecution being successful were offered conditionally, when they were offered, except by White; 3) two justices emphasize the point that the statutory history of the Espionage Act makes clear that congress expressly...
14.12.10 | |

24 Jan

...suffering. In 1965, David Henry Mitchell II, who was eventually convicted of willful failure to report for induction, challenged the legality of Lyndon Johnson's war. He raised basic constitutional issues: the absence of a formal declaration, broken treaties, a pattern of war crimes on the battlefield. No soldier, Mitchell argued, should be forced to participate in criminal policies, to choose between near-sedition and the commission of war crimes. Federal Judge William Timbers refused to hear the evidence. When Mitchell's attorneys argued that under the Nuremberg Principles soldiers have a duty...
24.01.07 | |

22 May

...Article 5 hearing designed for battlefield-collected captives to contest their status as enemy combatants, lawful or otherwise?? [The CSRTs were knock-off frauds of such hearings, as even military judges have had to concede when finally forced to it in a case or two, as will likely happen again with another captive next month in Guantanamo.] Captives denied POW protection and lawful Article 5 tribunals can hardly appeal to their MILITARY CAPTORS for a fair opportunity to be heard in an Article 5 hearing - which that same military has already...
22.05.10 | |

31 Jul

...forces struggle to address the challenges of the asymmetrical battlefield, it is at least worth contemplating whether such initiatives might just increase respect for the jus in bello during such conflicts, and in so doing mitigate the asymmetry as it relates to the law. Seamus Professor Alford, As it pertains directly to your post, I suspect you would be interested in Dr. Avi Bell's piece, 'Human Rights Watch's Q&A on Lebanon War: Selective and Distorted Application of International Law,' found at NGO Monitor: Promoting critical debate and accountability of human...
31.07.06 | |

31 Jul

...you know he was recruited and trained by al Qaeda (who ran that camp) and can assume he was a soldier unless he can show that he returned to civilian life (and that does not mean that he retreated from a general battlefield defeat). Such a person is subject to detention under the laws of war, but should be treated as a POW. He generally cannot be charged with a crime, because being an enemy soldier cannot be criminalized no matter what nasty things you say about his army. The...
31.07.08 | |

23 Sep

...territory of a state or territory that it occupies or the equivalent of its territory (e.g., its war ship) under the "effective control" test? Does human rights law under the major international treaty, the ICCPR, change anything on the battlefield with respect to persons who are not within the "effective control" of a state? federico sperotto Among the legal requirements to identify a conflict as a NIAC, there is also the territorial one. A NIAC occurs within a State. This is not the case in the US-AQ so called war....
23.09.13 | |

06 Sep

...a US government agent. We went through this in the civil rights movement in the mid-60's. Nothing new under the sun. Best, Ben Ed White Kevin, Could you explain the grounds on which you would permit killing of a U.S. citizen w/o judicial authorization in armed conflict (by which I presume you also mean to include the limiting condition of "on the battlefield" or "in the zone of armed conflict") but not permit the killing, absent judicial authorization, of a U.S. citizen engaged in hostilities against the U.S. but not...
06.09.10 | |

13 Mar

John C. Dehn Bravo, Kevin. I would add only a historical note to your excellent analysis. It was concern for the victims of war, primarily those injured in the Battle of Solferino, that led Henri Dunant to help found the Red Cross. His original goal was to provide care for those wounded in battle but still living (who were strewn across the battlefield and uncared for until Dunant arrived and assembled help), not to prevent their deaths in battle. Hence, Dunant is credited with helping to bring the Geneva Convention...
13.03.13 | |

23 Jan

...an essentially open-ended nature, neither battlefield-type tribunals nor the CSRTs are really adequate. I don't have space here to go into what the correct form of procedure should be, but this principle seems to me the essential starting point. John Knox Geoffrey Corn says, ""Doubt" is the trigger for an Article 5 Tribunal. However, nothing in that provision of the Third Convention indicates that such doubt exists whenever an individual questions his status. Nor does state practice support such an assertion." As I noted earlier in response to one of...
23.01.07 | |