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Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman Dec 2014

Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman

International Law Studies

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 great challenges, however, with regard to law of armed conflict rules regulating the use of weapons. To adapt existing law to meet those challenges, we propose a three-tiered approach …


Minelaying And The Impediment Of Passage Rights, Wolff Heintschel Von Heinegg Dec 2014

Minelaying And The Impediment Of Passage Rights, Wolff Heintschel Von Heinegg

International Law Studies

Since their first extensive use in the 1904–05 Russo-Japanese War naval mines have continued to pose a considerable threat to innocent shipping. States reacted by adopting the 1907 Hague Convention VIII, which has been the only international instrument on the matter to date. In view of the fact that more than 80 percent of imports and exports are shipped by sea, freedom of navigation and, in particular, transit and archipelagic sea lanes passage rights must be preserved to the greatest extent possible. The present article deals with the question of whether international rules and principles provide effective protection of international …


Targeting “Islamic State” Oil Facilities, Kenneth Watkin Oct 2014

Targeting “Islamic State” Oil Facilities, Kenneth Watkin

International Law Studies

In September 2014 the United States and Coalition partners conducted aerial attacks against several Islamic State-operated modular oil refineries in Syria. The Pentagon’s rationale is that the refineries provided fuel for Islamic State operations, money to finance continued attacks and constituted an economic asset to support future operations. Attacking the oil production facilities to stop the sale of smuggled oil, the proceeds of which “fuel” Islamic State activities is potentially controversial. Additional Protocol I limits attacks to those objects that “make an effective contribution to military action.” The U.S. position is that “war-sustaining objects” may also be lawfully targeted, thus …


Military Activities In The Exclusive Economic Zone: East Asia Focus, Raul (Pete) Pedrozo Oct 2014

Military Activities In The Exclusive Economic Zone: East Asia Focus, Raul (Pete) Pedrozo

International Law Studies

In August 2014, a Chinese fighter aggressively intercepted a U.S. Navy surveillance plane over the South China Sea. This incident once again raises the issue of the legality of conducting military activities in and over the exclusive economic zone (EEZ) without coastal State notice or consent. All nations have a right under international law to conduct military activities in foreign EEZs. The article discusses the legal bases for conducting these activities and reviews some of the more prominent arguments used by States that purport to regulate such activities in the EEZ. It concludes that the right to engage in military …


1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines Oct 2014

1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines

International Law Studies

This article places 1907 Hague Convention VIII in its historical context, examines its content, summarizes State practice since 1907 (including during the two World Wars) and discusses the Convention’s relevance to contemporary mine warfare. The Convention has inherent shortcomings, has never been strictly applicable in any war since 1907, and is not strictly relevant to anything other than automatic contact mines (effectively excluding modern influence mines). Despite this—and a paucity of substantial State practice since 1945—the conclusion is that the Convention has influenced the customary law on sea-mines. When that custom was combined with other relevant custom (particularly that pertaining …


Beyond Hague Viii: Other Legal Limits On Naval Mine Warfare, David Letts Oct 2014

Beyond Hague Viii: Other Legal Limits On Naval Mine Warfare, David Letts

International Law Studies

Legal texts and scholarly articles that deal with the topic of naval mine warfare typically do so by reference to Hague Convention VIII of 1907 and customary international law. Little comment, if any, is usually made in relation to the variety of other legal regimes that might impact upon the use of naval mines in armed conflict. This article seeks to redress that imbalance by examining, with a focus on the jus in bello, a range of legal considerations arising from more contemporary sources that affect the use of naval mines in international armed conflict.


The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin Oct 2014

The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin

International Law Studies

There are very few instruments and very few cases, which describe how the law in relation to naval mine warfare applies within non-international armed conflict contexts. Additionally, since 1945, there has been relatively limited State practice. Working out what the law applicable to naval mine warfare in NIAC situations might look like today thus requires some recourse to the pre-World War II scheme designed to accommodate and characterize maritime activity by rebels, insurgents, and belligerents in conflict with their State. This article proposes for discussion a set of “rules” that attempt to incorporate and update elements of this customary scheme …


International Law Applicable To Naval Mines, Chatham House Oct 2014

International Law Applicable To Naval Mines, Chatham House

International Law Studies

This report summarizes the workshop held on February 26–27, 2014 on the law governing the use of naval mines in times of both peace and war. The workshop, organized by Chatham House, the Royal Navy and U.S. Naval War College, brought together a group of international law scholars, operational lawyers and other legal experts in the field. The objective of the workshop was to clarify existing law and identify areas of legal uncertainty to assist States to conduct their operations lawfully.


The Recruitment, Education, And Training Of Pla Navy Personnel, Kenneth Allen, Morgan Clemens Aug 2014

The Recruitment, Education, And Training Of Pla Navy Personnel, Kenneth Allen, Morgan Clemens

CMSI Red Books

Looking back at the parlous state of the People's Liberation Army Navy (PLAN) in the early 1980s, Liu Huaqing, its former commander, wrote, "All areas [of the navy] required significant strengthening, but I believed the key was developing capable personnel." Indeed, during Admiral Liu's tenure (1982-88), the PLAN embarked on a major effort to improve the quality of its officers and enlisted personnel an effort that continues to this day.


The Legality And Implications Of Intentional Interference With Commercial Communication Satellite Signals, Sarah M. Mountin May 2014

The Legality And Implications Of Intentional Interference With Commercial Communication Satellite Signals, Sarah M. Mountin

International Law Studies

Commercial communication satellite signals have become increasingly attractive targets for intentional interference by State and non-State actors. This article discusses the law applicable to satellite signal interference in peacetime, as well as during armed conflict. Specifically, the piece discusses the threshold at which intentional interference may constitute a use of force.


Modern Maritime Neutrality Law, James Farrant May 2014

Modern Maritime Neutrality Law, James Farrant

International Law Studies

This article is a fundamental reappraisal of the rules of maritime neutrality, including blockade, contraband and maritime zones. It is one of the most comprehensive reassessments of this area of the law since R. W. Tucker's seminal work in this publication in 1955. As well as defining and stating the rules of maritime neutrality, the piece offers recommendations for future development of the law which drafters of State law of armed conflict manuals may wish to consider.


Cmsi Archive Translation: Chinese Sea Power Expansion And The State Of Sea Power In The Indian Ocean, Li Jian [李剑 ] May 2014

Cmsi Archive Translation: Chinese Sea Power Expansion And The State Of Sea Power In The Indian Ocean, Li Jian [李剑 ]

CMSI Translations

The article analyzes the strategic competition between China and India in the Indian Ocean, where both powers seek to expand sea power and secure critical chokepoints such as the Malacca Strait. It argues that China’s naval modernization and maritime presence challenge India’s traditional dominance and intersect with U.S. interests in maintaining regional stability. The author highlights that control of sea lanes and access to bases will shape future power balances, making maritime security in the Indian Ocean central to broader questions of hegemony and great-power rivalry.


Global Title X Series '13: Game Report, Wargaming Department, Walter Berbrick, Don Marrin Mar 2014

Global Title X Series '13: Game Report, Wargaming Department, Walter Berbrick, Don Marrin

Game Reports

The Chief of Naval Operations’ (CNO’s) annual Title 10 War Game (also known as Global) conducted at the Naval War College (NWC) has become a primary venue for exploring emerging concepts. This year’s effort is a continuation of the NWC War Gaming Department’s examination of the Air-Sea Battle (ASB) concept. The 2012 Global War Game concluded that current command and control (C2) structures at the operational level of war may be inadequate to effectively execute cross-domain operations as envisioned by the concept. While the ASB concept outlines the need to command and control ‘cross-domain operations’ which are joint, networked and …


The Bull In The China Shop: Raising Tensions In The Asia-Pacific Region, Raul (Pete) Pedrozo Feb 2014

The Bull In The China Shop: Raising Tensions In The Asia-Pacific Region, Raul (Pete) Pedrozo

International Law Studies

This paper examines the legality of China's recent endeavors to change the status quo in the Asia-Pacific region, specifically with respect to the announcement of an ADIZ over the East China Sea. The piece concludes with recommendations for potential U.S. responses.


Writing To Think, Robert C. Rubel Feb 2014

Writing To Think, Robert C. Rubel

Newport Papers

The purpose of this volume is to honor the work and thought of Robert C. Rubel, Captain, U.S. Navy (Ret.). Since his retirement from the Navy, Robert (a.k.a. “Barney”) Rubel has held senior positions in the Center for Naval Warfare Studies (CNWS), in the Naval War College, in Newport, Rhode Island—first as deputy dean, then as chairman of the War Gaming Department, and finally (since 2006) as dean. During this period, not only has he presided effectively over a complex (and in many ways anomalous) institution, but he has found the time to create a substantial body of published writings …


China Near Seas Combat Capabilities, Andrew S. Erickson, Ryan D. Martinson, Peter A. Dutton Feb 2014

China Near Seas Combat Capabilities, Andrew S. Erickson, Ryan D. Martinson, Peter A. Dutton

CMSI Red Books

The capstone U.S. Defense Department study on the future operational environment declares, "China's rise represents the most significant single event on the international horizon since the collapse of the Cold War. Understanding and assessing changes in China's traditionally defensive naval strategy, doctrine, and force structure are of obvious importance to the U.S. Navy (USN) and other Pacific navies concerned with the possible security implications of that rise. This chapter examines the development of the Chinese navy's Houbei (Type 022) fast-attack-craft force and its roles and missions in China's near seas and discusses implications for the U.S. Navy and other navies …


Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt Jan 2014

Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt

International Law Studies

This article examines the geographical reach of international humanitarian law (law of armed conflict), particularly during armed conflicts between States and non-State organized armed groups. The issue is operationally critical, since to the extent that IHL applies, practices which are lawful during armed conflicts, such as status-based targeting, may be employed. When IHL does not apply, human rights obligations shouldered by the State govern the conduct of its military operations. The article surveys the various approaches to the the legal geography of non-international armed conflict, arguing that an interpretation by which IHL is not geographically restricted is the most supportable.


Proliferation Security Initiative '14, Wargaming Department, Stacey Auger, Walter Berbrick, Steve Burke, Matthew Crook, Gary Mckenna, Jeff Udhe, Andrew Winner Jan 2014

Proliferation Security Initiative '14, Wargaming Department, Stacey Auger, Walter Berbrick, Steve Burke, Matthew Crook, Gary Mckenna, Jeff Udhe, Andrew Winner

Game Reports

In September 2013 Deputy Assistant Secretary of Defense for Countering Weapons of Mass Destruction Rebecca Hersman requested that the Naval War College conduct a PSI table top game in May 2014 in conjunction with a meeting of the PSI Operational Experts Group (OEG). It was specifically requested that the game explore critical challenges and opportunities in counter- proliferation interdiction, and identify capacity building tools that may be shared with the broader PSI community.


The Role Of Counterterrorism Law In Shaping Ad Bellum Norms For Cyber Warfare, William Banks Dec 2013

The Role Of Counterterrorism Law In Shaping Ad Bellum Norms For Cyber Warfare, William Banks

International Law Studies

No abstract provided.


Self-Defensive Force Against Cyber Attacks: Legal, Strategic And Political Dimensions, Matthew C. Waxman Dec 2013

Self-Defensive Force Against Cyber Attacks: Legal, Strategic And Political Dimensions, Matthew C. Waxman

International Law Studies

No abstract provided.


Seeking International Criminal Justice In Syria, Annika Jones Dec 2013

Seeking International Criminal Justice In Syria, Annika Jones

International Law Studies

No abstract provided.


The Cyber Road Ahead: Merging Lanes And Legal Challenges, Kenneth Watkin Dec 2013

The Cyber Road Ahead: Merging Lanes And Legal Challenges, Kenneth Watkin

International Law Studies

No abstract provided.


The Syrian Intervention: Assessing The Possible International Law Justifications, Michael Schmitt Dec 2013

The Syrian Intervention: Assessing The Possible International Law Justifications, Michael Schmitt

International Law Studies

No abstract provided.


International Law And Cyber Threats From Non-State Actors, Laurie R. Blank Dec 2013

International Law And Cyber Threats From Non-State Actors, Laurie R. Blank

International Law Studies

No abstract provided.


The Geography Of Cyber Conflict: Through A Glass Darkly, Ashley Deeks Dec 2013

The Geography Of Cyber Conflict: Through A Glass Darkly, Ashley Deeks

International Law Studies

No abstract provided.


Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen Dec 2013

Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen

International Law Studies

No abstract provided.


The Law Of Armed Conflict's "Wicked" Problem: Levee En Masse In Cyber Warfare, David Wallace, Shane R. Reeves Dec 2013

The Law Of Armed Conflict's "Wicked" Problem: Levee En Masse In Cyber Warfare, David Wallace, Shane R. Reeves

International Law Studies

No abstract provided.


Cyber War And International Law: Concluding Remarks At The 2012 Naval War College International Law Conference, Yoram Dinstein Dec 2013

Cyber War And International Law: Concluding Remarks At The 2012 Naval War College International Law Conference, Yoram Dinstein

International Law Studies

No abstract provided.


Cyber Warfare: Implications For Non-International Armed Conflicts, Robin Geiss Dec 2013

Cyber Warfare: Implications For Non-International Armed Conflicts, Robin Geiss

International Law Studies

No abstract provided.


Keeping The Cyber Peace: International Legal Aspects Of Cyber Activities In Peace Operations, Jann K. Kleffner, Heather A. Harrison Dinniss Dec 2013

Keeping The Cyber Peace: International Legal Aspects Of Cyber Activities In Peace Operations, Jann K. Kleffner, Heather A. Harrison Dinniss

International Law Studies

No abstract provided.