The ICRC Responds to Slate
We posted about two interesting posts on Slate (here and here). One Slate post argued that international law would need to be revised to reflect the new weapons and war we are fighting. The second...
View ArticleOn The Radar: Killer Drones and U.S. Detainees
There are many questions on the horizon for how we engage in combat. This includes how we conduct warfare and the rights granted to enemy belligerants. The following two posts give greater insight into...
View ArticleCharles Fried on the Laws of War in American History
Harvard Law Professor Charles Fried has a fascinating book review in The New Republic of John Fabian Witt’s Lincoln’s Code: The Laws of War in American History, which explores how American leaders...
View ArticleElongated Imminence
One of the common complaints about the speeches by John Brennan, Eric Holder, Harold Koh and other officials about the U.S. position on the use of force outside the hot battlefield has been that the...
View ArticleGeography and the Scope of Armed Conflict
In Opinio Juris, Kevin Jon Heller points to an interesting paper by Noam Lubell and Nathan Derejo of the University of Essex about the geographical scope of armed conflict. The focus is on the...
View ArticleDoes LOAC Have a Capture Before Kill Requirement? (UPDATED)
UPDATED In a recent article on Slate, and in a larger European Journal of International Law article, NYU Law Professor Ryan Goodman argued that the law of armed conflict (“LOAC”) requires that an...
View ArticleTallinn Manual of Laws of War Application to Cyber To Be Released
In what may be an important milestone in the development of the law of war in the cyber context, the long awaited Tallinn Manual will be published this week: Their handbook, due to be published later...
View ArticleAnderson and Waxman on Killer Drones
Ken Anderson and Matthew Maxman have published a new policy paper on autonomous weapon systems, with a title that pretty much describes its conclusions: Law and Ethics for Autonomous Weapon Systems:...
View ArticleKen Anderson on Law and Ethics for Autonomous Weapon Systems
In the past few months there has been a debate about how best to address the development of completely autonomous weapon systems (aka “killer drones”): should we impose an outright ban as proposed by...
View ArticleThe Battle of Solferino
Anna Nelson of the ICRC offers a useful reminder of a battle that most of us have forgotten: the Battle of Solferino that occurred 154 years ago on June 24, 1859. The battle is critical to an...
View ArticleLincoln’s Most Extreme Order
This week marks the 150th anniversary of President Abraham’s most extradordinary order–the “Order of Retaliation” that ordered the intentional killing or enslavement of captured Confederate prisoners...
View ArticleAre Traditional LOAC Principles Enough For Cyber
BYU Law Professor Eric Jensen has a very interesting essay at Just Security that examines whether traditonal Law of Armed Conflict principles will work for cyber–or for other new technologies for that...
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