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Lawfulness Of And The Case For Combat Drone Against Terrorism, Heeyong D. Jang Jun 2013

Lawfulness Of And The Case For Combat Drone Against Terrorism, Heeyong D. Jang

Heeyong D Jang

The proliferation and use of unmanned combat aerial vehicles (UCAVs) since the September 11 attack triggered lively academic debates. The discussion thus far, often tainted by illegitimate ad bellum-in bello conflation, falls short of justifying the lawfulness and effectiveness of combat drones. Combat drones can successfully discharge its obligation under the four-pronged jus in bello test – distinction, proportionality, necessity, and humanity. Furthermore, this state-of-the-art technology helps to achieve five important policy objectives of fighting asymmetric warfare, combating insurgents who disregard the existing law, deterring further acts of terrorism, dodging improvised explosive devices, and avoiding more costly military actions.


The Military Response To Criminal Violent Extremist Groups: Aligning Use Of Force Presumptions With Threat Reality, Geoffrey S. Corn Mar 2013

The Military Response To Criminal Violent Extremist Groups: Aligning Use Of Force Presumptions With Threat Reality, Geoffrey S. Corn

Geoffrey S. Corn

Debates over the permissible authority to use force against emerging non-state threats are consistently dictated by a binary legal paradigm: either armed conflict is recognized permitting status based targeting or law enforcement conduct based use of force norms must be respected. This paradigm has driven an expansion of the threats characterized by states as falling within the scope of non-international armed conflicts, a trend that has produced substantial controversy. At the same time, in many states organized criminal groups are creating unprecedented challenges to government authority by utilizing widespread and indiscriminate violence to sow the seeds of chaos and demonstrate …


Do The Hostilities In Syria Amount To An Armed Conflict Not Of An International Character?, Afeef T. Nessouli Aug 2012

Do The Hostilities In Syria Amount To An Armed Conflict Not Of An International Character?, Afeef T. Nessouli

Afeef T Nessouli

Applying International Humanitarian Law to Syria is important because it means that hostilities can be controlled. Two considerations have proven to be particularly important to those courts and tribunals forced to work with the uncertainty about the existence of an armed conflict not of an international character: “the intensity of the conflict and the organization of the parties to the conflict.” Several other considerations can provide useful guidance for understanding whether violence or hostilities have progressed beyond internal disturbances, like whether the non-state actor: 1) has an organized military force; 2) has an authority responsible for its actions; 3) acts …