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Search: battlefield robots

03 Oct

...Afghanistan, could the Taliban permissibly attack the Manas Air Base in Kyrgyzstan or Central Command headquarters in Florida (from the perspective of IHL, not domestic criminal law)? To take that example further...if so, and if the Taliban elements exercising command and control of those attacks happened to be in a quiet neighborhood in Karachi, could the U.S. not counter those attacks with an armed attack against the command group operating beyond the battlefields of Afghanistan so long as its actions were consistent with IHL? In other words, why can't the...
03.10.11 | |

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 | |

25 Jun

Jessica Dorsey Though I can't say I was in agreement with it, Mike's TJIL article The Boundaries of the Battlefield (http://www.tilj.org/content/journal/47/num2/Lewis293.pdf) was one of the earliest pieces that led me to start my own research in the fields of IHL and counterterrorism. We organized a homonymous conference in 2013, http://www.asser.nl/about-the-institute/events/?id=733, at which we had the pleasure of welcoming Mike in The Hague as one of our high-level speakers. His easy mannerisms and sharp analysis during the panels and discussions enriched our event greatly, and we had hoped to invite Mike...
25.06.15 | |

05 Sep

...I coming into force) included a statement of this rule as binding on US forces. The position of DOD has been since that time that this is a binding rule of custom, and the fact that the United States rejected Additional Protocol I has never detracted from this position. It might be fair to point out the challenge of application of this rule in the context of the contemporary battlefield, and that contrary to the term used to characterize the rule, the exact language prohibits "excessive", and not "disprapportionate" collateral...
05.09.06 | |

26 May

...entitled to … battlefield immunity. But C.I.A. drone operators also wear no uniforms. [snip] [T]he Obama administration legal team confronted the issue [of the legality of CIA involvement] as the Pentagon prepared to restart military commission trials at Guantánamo Bay. The commissions began with pretrial hearings in the case of Omar Khadr, a Canadian detainee accused of killing an Army sergeant during a firefight in Afghanistan in 2002, when Mr. Khadr was 15. The Pentagon delayed issuing a 281-page manual laying out commission rules until the eve of the hearing....
26.05.10 | |

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 | |