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Search: drones

18 Nov

Mihai Martoiu Ticu What it strike me is that the discussion is about the success of punishing the guy, not about due process and innocence. In those discussions one would consider it a full success if the guy gets a death penalty, less success if he gets life without parole, even if the guy is innocent. The only thing one cares about is that one legitimizes the Guantanamo, the Abu Ghraib, the renditions, the drones and all the rest, that the U.S. gets its will imposed on the rest of...
18.11.10 | |

12 Sep

...attacks and in an effort to stop continual attacks on our nationals (mixed motives do not obviate permissibility of lawful measures of self-defense). The measures of self-defense may take weeks and some may be relatively "silent" (and may or may not involve use of drones for more than intel). These are not matters for "amateurs." Stay tuned. M. Gross I'm not sure we have any recourse we really wish to pursue, since the Libyan government doesn't seem to have intentionally committed the offense. Jordan is no doubt correct about what...
12.09.12 | |

23 Aug

Joshua Hughes Thanks for the interesting post. About your question on whether remote-controlled robots make one more likely to use force, the US Army War College did a study about whether using drones lowered the threshold of conflict. They found out that it did, at least in the eyes of the public. Here's the link: http://www.strategicstudiesinstitute.army.mil/pubs/display.cfm?pubID=1289 Jordan Check here to prove that you are not a robot...
23.08.16 | |

12 Jan

...repeated ad nauseam: the Hamas terrorists use the inhabitants of Gaza as “hostages” and exploit the women and children as “human shields”, they leave us no alternative but to carry out massive bombardments, in which, to our deep sorrow, thousands of women, children and unarmed men are killed and injured. In this war, as in any modern war, propaganda plays a major role. The disparity between the forces, between the Israeli army - with its airplanes, gunships, drones, warships, artillery and tanks - and the few thousand lightly armed Hamas...
12.01.09 | |

06 Oct

...a scholarly presentation, but I disagree regarding permissible self-defense targetings of non-state attackers who are situated in a foreign country -- at page 22, text around notes 138-139-- I don't read the Wall Op. or the DRC case as actually ruling the way you state -- see my article on Self-Defense Targetings of Non-State Actors and Permissibility of U.S. Use of Drones in Pakistan, 18 J. Transnat'l L. & Pol'y 237, 249-58 (2010), available on ssrn On page 6 at text at note 27, the U.S. S.Ct. did not requore...
06.10.11 | |

24 May

...the President on drone targeting? Steven The use of the "near certainty" standard: Thank you for your clarity. It is clear that in the context of the use of Drones, President Obama is attempting to handcuff America's use of Military force, to the 4th Amendment, the fundamental cornerstone of american "criminal" law enforcement. PResident Obama's goal is to change the way our forces engage threats to our nation. The Near Certainty standard as mentioned in Justice Scalia's Delivery of the Majority opinion in Scott v. Harris, 550 US 372, 380...
24.05.13 | |

06 Mar

Jordan I agree that the so-called test is not a limitation of the inherent right of self-defense under customary international law or Article 51 of the UN Charter. But if the rockets are flying across the border, for that time at least, the foreign state is decidedly "unable." Finally published: Operationalizing Use of Drones Against Non-State Terrorists Under the International Law of Self-Defense, 8 Albany Govt. L. Rev. 166-203 (215), available at http://ssrn.com/abstract=2459649 Enjoy! Shahram Thank you Kevin for drawing attention to the troubling methodology by which self-interested behavior of...
06.03.15 | |

04 Mar

...killing. People like to compare drone strikes to carpet bombing, but if drones were not available, would the United States carpet bomb Pakistan, Yemen, Somalia...? It is of course possible to construct scenarios in which the use of an autonomous weapon system might result in fewer deaths than the use of soldiers and human-controlled weapons. However, such scenarios are mostly dubious and artificial, and often rest on fatuous assertions, such as the claim that robots can make use of sensors not available to humans (as if humans cannot make use...
04.03.14 | |

10 Oct

John C. Dehn I am not on the inside of this debate, but I don't buy the constant meme from former Bush administration officials that debating the proper legal boundaries of our actions overseas is necessarily against our long (rather than short) term interests. We must remember that whatever rules we adopt will be used against us. We then must ask ourselves what those rules should be. What is a bit puzzling to me is that a country using drones to eliminate threats in un- or weakly governed foreign lands...
10.10.11 | |

12 Feb

Mihai Martoiu Ticu It strikes me how many Western intellectual jurists just accept that international law is dominated by power. Most of them don't even see how outrageous it is that individuals cannot sue states in an international court for human rights. Guantanamo, torture and killing with drones depend on the political ambitions of the US politicians, not on law. Mauritius cannot sue the UK at ICJ to get the Chagos back. This is another way how power works in international law. Jurists have internalized such facts as facts of...
12.02.13 | |

23 Nov

Mihai Martoiu Ticu Such sounds are welcome here. Until now we heard mostly people telling us that they are free to kill us with drones whenever they like, while they never think about the obvious that we should be able to sue them if we didn't agree with being killed. ==The West wants to hold the rest's use of internal force to international account, but exempt its own use of international force from independent accountability.== Indeed, maybe one could explain to me why can't Iraq sue the United States at...
23.11.10 | |

31 Aug

...triggered only to respond to large-scale atrocity crimes – genocide, war crimes, crimes against humanity and ethnic cleansing. The examples he cites seem off point. But, yes, you make a good argument that (as with the use of drones), it is possible that other countries might in the future attempt to utilize precedent set by the U.S., and this clearly needs to be considered. I am not arguing that the US should be above the standards of international law (I actually would argue to the contrary – that it very...
31.08.13 | |