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Search: drones

08 Jul

...U.S. soldiers while one is unprivileged -- one merely does not have the privilege to do so and is subject to being prosecuted under a relevant domestic law for murder. I realize that the GTMO milt. comms. apparently do not understand this. Regarding the CIA fliers of drones, May Ellen and I, among others, have pointed out that they would not be combatants under the laws of war (unless they were also members of the regular armed forces of the U.S.), but I had written that practice and opinion seems...
08.07.14 | |

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 | |

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 | |