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The Theory And Practice At The Intersection Between Human Rights And Humanitarian Law, Monica Hakimi
The Theory And Practice At The Intersection Between Human Rights And Humanitarian Law, Monica Hakimi
Faculty Scholarship
The United States is more than fifteen years into a fight against terrorism that shows no sign of abating and, with the change in administration, appears to be intensifying. Other Western democracies that have historically been uneasy about U.S. counterterrorism policies have, in recent years, shifted toward those policies. And armed nonstate groups continue to commit large-scale acts of violence in multiple distinct theaters. The legal issues that these situations present are not entirely new, but neither are they going away. Recent publications, like the three works under review, thus provide useful opportunities to reflect on and refine our thinking …
Possible Changes To U.S. Policies On The Use Of Force In Counterterrorism Operations, American Civil Liberties Union (Aclu), Amnesty International, Center For Civilians In Conflict (Civic), Center For Constitutional Rights, Human Rights Clinic, Coalition For Peace Action, Human Rights First, Human Rights Watch, Interfaith Network On Drone Warfare, National Religious Campaign Against Torture, Open Society Foundations, Openthegovernment
Possible Changes To U.S. Policies On The Use Of Force In Counterterrorism Operations, American Civil Liberties Union (Aclu), Amnesty International, Center For Civilians In Conflict (Civic), Center For Constitutional Rights, Human Rights Clinic, Coalition For Peace Action, Human Rights First, Human Rights Watch, Interfaith Network On Drone Warfare, National Religious Campaign Against Torture, Open Society Foundations, Openthegovernment
Human Rights Institute
We write today to express our deep concern regarding reports that the administration is considering weakening current policy standards for the use of force in counterterrorism operations.
Civilian Harm From Drone Strikes: Assessing Limitations & Responding To Harm, Human Rights Clinic
Civilian Harm From Drone Strikes: Assessing Limitations & Responding To Harm, Human Rights Clinic
Human Rights Institute
U.S. intelligence officials tout the drone platform as enabling the most precise and humane targeting program in the history of warfare. While drone technology is a significant advance, claims about minimal civilian harm from drone strikes in Pakistan and Yemen elide many of the operational realities of using drones outside of full-scale military operations.
United States’ Compliance With The International Covenant On Civil And Political Rights, Human Rights Institute, American Civil Liberties Union (Aclu)
United States’ Compliance With The International Covenant On Civil And Political Rights, Human Rights Institute, American Civil Liberties Union (Aclu)
Human Rights Institute
The U.S. government is engaged in targeted killings through drone strikes (and other aircraft) in Pakistan, Yemen, Somalia and elsewhere, which have resulted in the deaths of thousands of people. U.S. practice is characterized by secrecy and an unwillingness even to engage directly with concerns about civilian harm, let alone to provide accountability for civilian deaths and injury. Despite calls for disclosure from UN experts and non- governmental organizations, the U.S. government uses vague and shifting legal standards, and fails to disclose the basis for strikes or the steps it takes to minimize harm to civilians and investigate reported violations …
A Functional Approach To Targeting And Detention, Monica Hakimi
A Functional Approach To Targeting And Detention, Monica Hakimi
Faculty Scholarship
The international law governing when states may target to kill or preventively detain nonstate actors is in disarray. This Article puts much of the blame on the method that international law uses to answer that question. The method establishes different standards in four regulatory domains: (1) law enforcement, (2) emergency, (3) armed conflict for civilians, and (4) armed conflict for combatants. Because the legal standards vary, so too may substantive outcomes; decisionmakers must select the correct domain before determining whether targeting or detention is lawful. This Article argues that the "domain method" is practically unworkable and theoretically dubious. Practically, the …
The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman
The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman
Faculty Scholarship
This article considers a major debate in the American and European counterterrorism analytic community – whether the primary terrorist threat to the West is posed by hierarchical, centralized terrorist organizations operating from geographic safe havens, or by radicalized individuals conducting a loosely organized, ideologically common but operationally independent fight against western societies – and this debate’s implications for both jus ad bellum and jus in bello. Analysis of how the law of armed conflict might be evolving to deal with terrorism should engage in more nuanced and sophisticated examination of how terrorism threats are themselves evolving. Moreover, the merits of …