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Search: drones

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 Nov

...border, but throughout Pakistan and plausibly anywhere else where enemy combatants may be found. It may also be that if the CIA is constrained by the Geneva Conventions in the treatment of detainees then it is also authorized to remotely pilot the drones against enemy combatants not captured. Kevin Jon Heller Howard, You are absolutely right. I was not thinking specifically about KSM when I claimed that Bush authorized the commission of war crimes; I was thinking about all of the detainees captured in Afghanistan, which clearly satisfy the nexus....
04.11.10 | |

16 May

...a simplistic and uninformed view of how international humanitarian law developed, which was as a constraint on permissible measures of war. Just as international humanitarian law nowhere affirmatively sanctions the use of tanks, planes or machine guns, or even of drones or guided missiles, it does not exhaustively prescribe other permissible measures of war. Rather, it permits any war measures potentially helpful to defeating an enemy armed force that it doesn't prohibit or delimit. As you correctly note, Marco Sassoli calls this military advantage. The U.S. calls it military necessity....
16.05.14 | |