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Search: crossing lines

06 Nov

...capture of persons who are DPAA. Jens Iverson Thanks for all of the comments. Marty, that is a great discussion, worth a read (or re-read). Thanks for the link, and your comments there. With regards to Emmerson's report (alternate link here, the UN websites are odd today for me: http://msnbcmedia.msn.com/i/msnbc/sections/news/UN_Drones_Report.pdf ) reading behind the lines, I think he agrees with the ICRC. It's true that statements of law like "If the criterion of continuous combat function is not met, then an individual who is otherwise affiliated with an armed group...
06.11.13 | |

13 Mar

...Afghan armed forces." http://www.janes.com/defence/news/misc/jwa011008_2_n.shtml Jane's Defense 08 Oct, 2001 "Of the 45,000 men available to the Taliban, Pakistani and Arab religious volunteers have played an increasingly important military role. The Arabs, deployed mostly on front lines north of Kabul, number an estimated 500 to 600 and form part of Osama bin Laden's `055 Brigade'. Pakistani volunteers are far more numerous. By mid-1999 as many as 9,000 to 10,000 Pakistanis were believed to be serving in Taliban ranks, some in combat roles and others in rear support, static guard and administrative...
13.03.09 | |

18 May

...it should be subject to derogation during armed conflict. There is much Supreme Court precedent supporting the abridgment of private property rights during war. Milligan suggests that certain circumstances might permit abrogation of even more than property rights. Military necessity for intelligence does not stop with battlefield interrogation. Thus, I am not sure the extent to which we can draw clear lines for the temporal (to capture) or proximal (to the battlefield) applicability of the Fifth Amendment during an armed conflict, assuming it applies at all. What if a simple...
18.05.09 | |

14 Sep

...on Ali Soufan's 9/13 interview on PBS Frontlines. http://www.saltlaw.org/blog/2011/09/15/truth-on-torture-2-ali-soufans-fbi-interrogator-913-pbs-frontline-interview-and-more/ I declined to read Cheney's book. The interviews on television of him were quite enough. Best, Ben Benjamin G. Davis The link to the 60 minute interview of Ali Soufan is now up and it is riveting. It is here - http://www.cbsnews.com/video/watch/?id=7380678n&tag=contentBody;storyMediaBox Cheney in his interviews was so chummy with Rumsfeld. Two civil suits are going forward against Rumsfeld by American citizens. Here is a piece about State Criminal Prosecution of Rumsfeld that might apply as well to Cheney if his...
14.09.11 | |

13 Jun

...what you do. Bright lines I suspect require good faith compliance with legal rules - center of the rule rather than exotic analyses. I would note the transposition of time is difficult because the court-martial mechanism of the US during WWII was subject to significant unlawful command influence that was part of the reason for the reforms of the UCMJ in the 1950's. Military law specialists can walk you through that. The case of the Admiral's sone who was hung from the yardarm in the 19th century comes to mind....
13.06.08 | |

04 May

...Manual the final word? Can you slap a prisoner to make him think you mean business? Can an interrogation go on for 24 or 36 hours? Lines can be drawn. Yoo drew them in ways that many found unacceptable. Obama has drawn them at the AFM. Forget about law for a moment, where does morality demand that they be drawn? Benjamin G. Davis I like to stay away from the morality part of this because settling moral debates is beyond my limited competence. I focus on law, cases and authorities...
04.05.11 | |

23 Nov

...Maybe someone should review that for IHL? SMM Disagreeing with an earlier response... The fact that much of our young culture today is indoctrinated with plots and story lines from movies, television shows, and now video games it seems increasingly likely that these sort of plot developments and exposure to violations of International law could very easily have a lasting effect. Being a young male I have several friends who have joined the armed forces simply because they enjoyed the idea of being able to be a real life "First...
23.11.09 | |

08 Aug

...(and the second sentence of Article 2(1) says that this commander is Russian) (http://smr.gov.ge/uploads/file/jpkf/1994-12-06%20Resolution_JPKF_Eng.pdf). The idea of 'restoring peace' seems to be something along the lines of what Russia has been saying, but I don't think that this would help much on its own. I am not entirely sure where one would put a decree by JCC in terms of treaty interpretation (since JCC has a Russian, S-Ossetian and Georgian members, perchance it is subsequent practice as per Article 31(3)(b)?). In any event, the text and context suggests that what...
08.08.08 | |

15 Mar

...would skirt the CLCS process -- seems farfetched. I really doubt that all other states would agree to any end run around the Convention process that they have so long and so fully endorsed, in name and in practice (via submissions to the CLCS). Nor, I suspect would the U.S. itself regard the outer limits line as something to be agreed upon through a series of bilateral arrangements. States regard the setting of outer limits lines -- lines between the continental shelf and the Area -- as unilateral acts (to...
15.03.10 | |

15 Apr

...the threat or use of force to violate international lines of demarcation, such as armistice lines, established by or pursuant to an international agreement to which it is a party or which it is otherwise bound to respect." Though the war may have been between the Koreas, this does not necessarily mean that the Armistice Agreement (see S/3079, available through UN ODS) only binds those States. Of course China also is a party to it, but more importantly General Clark, Commander-In-Chief of the United Nations Command committed the United Nations...
15.04.13 | |

30 Apr

...it. We were involved in the anti-Israel events, which resulted in victories in the 33-day and 22-day wars. And from now on, wherever a nation or a group fights and confronts the Zionist regime, we will support and help it, and we are not at all afraid of saying this.” That morsel was a short-hand declaration of Iran’s direct support of Hezbollah’s 2006 and Hamas’ 2008 katyusha rocket wars, on Jewish civilians inside the 1949 ceasefire lines. (In this context, it bears noting that Hamas’ and Hezbollah’s targeting and firing...
30.04.12 | |

08 Jun

...You can find it here: http://972mag.com/what-is-ngo-monitors-connection-to-the-israeli-government/90239/ That said, it is always amusing to see Steinberg accuse others -- in this case, nearly a thousand others -- of bias. People in glass houses and all... Gerald Steinberg Heller pulls out Fox News and the "exploration of the possible ties". Next, we will go to the latest evidence that Malaysian Airlines 370 was hijacked by little green men from Mars. Priests do faith; academics are supposed to use verifiable information and falsifiable explanations. Kevin Jon Heller That, my friends, is what we...
08.06.14 | |