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Search: battlefield robots

17 Jun

...taken away from them. John Fabian Witt has also written a great article on this topic addressing U.S. practice. The other significant issue that various colleagues have shared with me is that identifying "innocent victims" on the battlefield can be exceptionally difficult. One might inadvertantly fund an insurgency if not careful when identifying who is to be compensated. There is often room for debate between NGOs and governments regarding whether a given individual is truly an "inccoent victim" and should be compensated. Chris Jenks Scott Sorry, in re-reading my comments...
17.06.10 | |

28 Sep

...to join a foreign enemy army and because you personally don't trust the executive does not answer any of the million very hard questions that must be addressed to turn your discomfort into an actual process. Nescio @ Howard Gilbert Of course, the crux of this situation is that you start from the premise that being accused is equal to being guilty. My question: how do we know a certain individual "is an enemy soldier (or combatant)?" Especially when that individual is not present on any battlefield, and curiously not...
28.09.10 | |

30 May

...The Day the Presses Stopped: A History of the Pentagon Papers Case. (Berkeley, CA: University of California Press, 1996). The New Lullaby by Tran Da Tu (b. 1940) Sleep well, my child—a shadow, not mama, will tuck you snug in bed and help you sleep. A tombstone is your pillow—let the sky spread over you a blanket, keep you warm. To shield you as a curtain, there's the rain. A tree will be your fan, its leaves your roof. The stars will twinkle as your mother's eyes. The battlefield will...
30.05.06 | |

10 Jun

...why I thought the right to participate in hostilities could trump the obligation to respect state sovereignty. Again, my apologies. Meanwhile Professor Lewis, as per your reference to “hot” battlefields I found your article ‘Drones and the Boundaries of the Battlefield’ to be of particular interest. Thank you both once again for taking the time to clarify this. Respectfully, Ray Barquero Jordan Consent is not required for lawful measures of self-defense against non-state actors who are DPAA (direct participants in armed attacks) re: U.S. military in Afghanistan, etc. See 19...
10.06.13 | |

21 Jun

...threat might be released, while someone who also could be legally detained under the laws of war but expressed recidivist intent would be held. There is nothing in the language of the report indicating that recidivist intent by itself is a legal basis for detention, although once that legal basis exists from other factors, then an intent to return to the battlefield and kill Americans is a good reason not to release someone prematurely. PLR In several places the report clearly says that all 48 of the retained detainees can...
21.06.10 | |

24 May

...classification that will apply to everyone. The rational thing to do is to enumerate all the possible classifications and then on a case by case basis try to assign each detainee to the right category. Start with the obvious category of POW. Hamdi seemed to be a pretty good candidate for this classification, along with other less well known soldiers captured on the battlefield. POWs may divide into those covered by the Geneva Convention and common law Prisoners of War who fail to meet the criteria established by Article IV...
24.05.09 | |

21 Feb

...a denial of reason. Besides the stream of Iranian explosives and weapons (including sniper rifles) being found on the battlefield, actual Iranian soldiers have been captured alive acting in combat operations! How much more of a declaration of war do you need?? The Pres has an obligation to respond under Prize case authority-Iran has thrust war upon us. No law is intended to be a suicide pact, and we are under no obligation to stand by, holding our proverbial dicks in our shaking hands while plans are afoot and being...
21.02.07 | |

26 Feb

...the US end up with habeas and other constitutional rights? As for the citizen/alien divide, couldn't the Court uphold some distinction at the same time as it puts down a constitutional floor on the treatment of aliens? Brian Marty: Your "right turn/left turn argument" has an intuitive appeal, but I wonder whether it really holds up. I assume you would concede that if everyone picked up on the Afghan battlefield had been detained at Bagram Air Force Base, the argument that such detainees have a constitutional entitlement to habeas would...
26.02.07 | |

28 May

...the Polish Government in exile after Poland fell to the Germans (and Soviets). Armed conflicts between nations are and always have been world wide. The CSS Alabama went around the world attacking Union shipping in every part of the globe, without ever laying anchor in a Southern port. If you adopt the view that the Confederacy was not a legitimate nation, then that too was an example of a non-international conflict with a non-state enemy that reached far beyond the active battlefields or "cross-border provocation." Howard Gilbert We are not...
28.05.10 | |

09 Feb

...of a mass atrocity (of at least My Lai proportions). When one attempts to prove individual states of mind and guilt in the complexities of the modern battlefield, the same problems of proof arise. It would seem to be a similar genre of ambiguity, disorganization and decentralization from which the Somali pirates prosper. Eugene Kontorovich I'm pleased to have such readers as Mesrs. Anderson and Dehn. Mr. Dehn is right that I see the situation as analogous to terrorism in many ways. I would not go so far as to...
09.02.09 | |

05 Oct

...even those citizens who wage war against the United States or give aid and comfort to its enemies would be afforded the minimum of legal protections guaranteed in Article 3 Section 3 of the Constitution. It would be an extremely odd result if the government could ignore the Bill of rights and murder a citizen, far away from any battlefield, by simply accusing them of treason, while deliberately concealing the so-called classified sources of information that led to such a conclusion. The Court noted that any such construction would amount...
05.10.12 | |

11 Jan

...to make each of those determinations. I for one am certain that the evidence used is tainted by the massive torture process that has gone on for so many years in our name. I doubt the reliability of the secret evidence. The conditions under which many of the detainees were picked up originally - as bounties as opposed to on a battlefield - are not hidden. This reality raises another issue about why people are being held. Yemen is dangerous - and with consent of the Yemen government it appears...
11.01.13 | |