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Articles 1 - 7 of 7
Full-Text Articles in Military, War, and Peace
Al-Nashiri, The Cole Bombing, And The Start Of The Conflict With Al-Qaeda, Peter Margulies
Al-Nashiri, The Cole Bombing, And The Start Of The Conflict With Al-Qaeda, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Us And Human Rights: A Federalist Society Debate, Peter Margulies
The Us And Human Rights: A Federalist Society Debate, Peter Margulies
Law Faculty Scholarship
No abstract provided.
A Reply To Wittes On The United States And Extraterritoriality, Peter Margulies
A Reply To Wittes On The United States And Extraterritoriality, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Extraterritoriality And Human Rights: Time For A Change In The U.S. View?, Peter Margulies
Extraterritoriality And Human Rights: Time For A Change In The U.S. View?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Civil Liberties And The Indefinite Detention Of U.S. Citizens, Chris Jenks
Civil Liberties And The Indefinite Detention Of U.S. Citizens, Chris Jenks
Faculty Journal Articles and Book Chapters
Section 1021 of the 2012 National Defense Authorization Act provides for the indefinite detention of individuals deemed to be part of or substantially supportive of al Qaeda, the Taliban, and associated forces in hostilities against the United States or its coalition allies. Yet the Congress which drafted Section 1021 doesn’t know what its operative terms mean and the Executive Branch simultaneously claims the provisions are problematic yet meaningless and signs them into law. The result is uncertainty over the Executive Branch’s armed conflict detention authority, not on distant battlefields, but here in the United States. This article focuses on three …
The Janus Moon Rising - Why 2014 Heralds United States' Detention Policy On A Collision Course...With Itself, Chris Jenks
The Janus Moon Rising - Why 2014 Heralds United States' Detention Policy On A Collision Course...With Itself, Chris Jenks
Faculty Journal Articles and Book Chapters
2014 will serve as a test of the United States’ claims that its detention policy is consistent with the law of armed conflict (LOAC). If, as President Obama has repeatedly stated, U.S. involvement in the armed conflict in Afghanistan will end this year, then any LOAC based detention of belligerents linked solely to that conflict ends as well. That should mean the release or transfer of members of the Taliban currently detained at Guantanamo. It won’t.
Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman
Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman
Articles in Law Reviews & Other Academic Journals
As increasingly automated – and in some cases fully autonomous – weapon systems enter the battlefield or become possible, it is important that international norms to regulate them head down a path that is coherent and practical. Contrary to the claims of some advocates, autonomous weapon systems are not inherently illegal or unethical. The technologies involved potentially hold promise for making armed conflict more discriminating and causing less harm on the battlefield. They do pose important challenges, however, with regard to law of armed conflict rules regulating the use of weapons. Those challenges demand international attention and special processes for …