Search: self-defense
09 Jul I Think It’s Time to Remove Moreno-Ocampo
...O'Sullivan I really think that you might wish to check the record before careening to such precipitous--and erroneous--conclusions. In this case, the defense had alleged NO reason to believe that this particular intermediary had done anything wrong. In other words, this was a total fishing expedition by the defense. And let us remember that the intermediaries are not the witnesses. Conditions are so dangerous on the ground in the DRC that it is difficult for the prosecution to talk to witnesses without endangering their safety. Bona fide intermediaries, as this...19 Apr Kiobel Insta-Symposium: Questions of Personal Jurisdiction Lurk Beneath the Surface
...decision. But the issue was not before the Court in this case, and had not been raised by the defendant as a reason for dismissal, apart from asserting the defense in their answer to the complaint filed in 2006. Let’s back up and review the facts. When Plaintiffs filed their original suit in 2002, they chose to sue only two Shell entities: the Shell parent entity, based in the Netherlands and U.K. (“Shell Europe” for the purposes of this post), and Shell’s Nigerian subsidiary, which allegedly aided and abetted the...09 May Bellinger Concludes Testimony Before UN Committee Against Torture
...for perpetrating the acts of abuse at Abu Ghraib. That finding had been supported in the 12 other major reviews conducted by the Department of Defense, the delegation said. There had been a total of 120 deaths of detainees in Department of Defense control in Afghanistan and Iraq. There had been no deaths in Guantanamo. The vast majority of deaths were caused by factors such as natural causes, injuries sustained on the battlefield, or detainee-on-detainee violence. In only 29 cases had abuse or other violations of law or policy been...
06 May Deep Sensing, the New Military AI? Why Deep Sensing Should be on the Radar
[ Klaudia Klonowska is a PhD Researcher at the Asser Institute and the University of Amsterdam, and is serving as Managing Director of the Manual on the International Law Applicable to Artificial Intelligence in Warfare. Sofie van der Maarel is Assistant Professor in Military Ethics and Leadership at the Netherlands Defense Academy and affiliated to Radboud University Nijmegen.] Introduction The concept of “deep sensing” has been steadily gaining traction in military discussions and media coverage, especially in the U.S., indicating an emerging buzzword amongst marketing strategies surrounding emerging military technologies....08 Aug Commemorating Hiroshima — Was it a War Crime?
...out by the Luftwaffe rather than the 2nd SS Panzer Division? And here’s a snippet from Ronald Radosh’s opening argument, for the “defense”: The essence of Nobile’s case is based on a highly legalistic and a-historical citation of Article 6 of The Nuremburg Charter. Nobile takes it further, by extending the description of war criminal to Truman’s entire atomic cabinet, his chain of command, the pilots on the Enola Gay, and all those politicians who through the years have praised what he calls “the atrocities of Hiroshima and Nagasaki.” His...15 Dec Congress Authorizes U.S. Offensive CyberAttacks
Ah, the 2012 National Defense Authorization Act… has any defense spending bill had so much defense-related legal policy embedded in it? In addition to all the very important stuff about military detentions, it turns out the NDAA also authorizes the U.S. military to engage in offensive cyber-attacks (h/t Gary Schmitt). Congress affirms that the Department of Defense has the capability, and upon direction by the President may conduct offensive operations in cyberspace to defend our Nation, allies and interests. The act further clarifies that such actions should be subject to...25 Jan Wrap Up Discussion II
...executive powers, abridged individual liberties and collective self-sacrifice. Second, Mr. Bellinger’s belief that the United States is in an armed conflict with al-Qaeda is the sin qua non of his overarching analysis. The United States acts in self-defense after attacks on its “embassies, military vessels, financial center, military headquarters and capital city, killing more than 3000 people in the process.” However, this assertion depends upon these assaults being “armed attacks”. In the aftermath of 9/11, sympathetic international organizations – foremost, the UN Security Council and NATO – averred that they...08 Nov The Misleading Human Rights Watch and Amnesty International Reports on U.S. Drones
inapplicability of the "law enforcement" paradigm when targetings are justifiable under the laws of war and/or the law of self-defense. The U.S. has claimed lawfulness under the laws of war (which I disagree with regarding targetings outside of the theatre of the real war in Afghanistan and, de facto, parts of Pakistan or regarding targetings of persons who are DPH in connection with that international armed conflict who are located elsewhere) as well as the law of self-defense. Both the AI and HRW reports use the wrong tests and criteria...22 Jan Colonel Steele, the Bush Administration, and Chicken Little
...that they will be tortured” – a claim that everyone outside the Administration knows to be patently false. Worse still, he has rationalized his refusal to offer evidence in defense of that mantra with the excuse that “as much as we would like to deny the numerous inaccurate charges made against our government, because many of the accusations relate to alleged intelligence activities, we have found that we cannot comment upon them except in a general way.” And what about military activities? Is it hyperbolic and absurd to be outraged...06 Jan Lessons from America’s Longest Held Prisoner of War
began their operations without a formal determination of the legal status of the conflict, but instead resorted to the Department of Defense policy of applying the law of war to any armed conflict no matter how characterized. For the hundreds of Panamanian Defense Force personnel captured by U.S. forces, this resulted in treatment “consistent with” the Third Geneva Convention. The U.S. never formally classified these captured personnel as prisoners of war, because subsequent to initiation of combat operations, the government determined that the conflict in Panama was not an international...