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Articles 1 - 10 of 10
Full-Text Articles in Law
Kill-Lists And Accountability, Greg Mcneal
Kill-Lists And Accountability, Greg Mcneal
Greg McNeal
This article is a comprehensive examination of the U.S. practice of targeted killings. It is based in part on field research, interviews, and previously unexamined government documents. The article fills a gap in the literature, which to date lacks sustained scholarly analysis of the accountability mechanisms associated with the targeted killing process. The article makes two major contributions: 1) it provides the first qualitative empirical accounting of the targeted killing process, beginning with the creation of kill-lists extending through the execution of targeted strikes; 2) it provides a robust analytical framework for assessing the accountability mechanisms associated with those processes. …
Are Targeted Killings Unlawful? A Case Study In Empirical Claims Without Empirical Evidence, Greg Mcneal
Are Targeted Killings Unlawful? A Case Study In Empirical Claims Without Empirical Evidence, Greg Mcneal
Greg McNeal
Critics of the U.S. policy of targeted killing by unmanned aerial vehicles (UAVs or drones) generally lack credible information to justify their critiques. In fact, in many circumstances their claims are easily refuted, calling into question the reliability of their criticisms. This chapter highlights some of the most striking examples of inaccurate claims raised by critics of the U.S. policy of drone based targeted killing. Specifically, this chapter offers a much needed corrective to clarify the public record or offer empirical nuance where targeted killing critics offer only unsubstantiated and conclusory statements of fact and law. Section I of this …
New Approaches To Reducing And Mitigating Harm To Civilians, Greg Mcneal
New Approaches To Reducing And Mitigating Harm To Civilians, Greg Mcneal
Greg McNeal
The wars in Iraq and Afghanistan highlighted the strategic importance of the U.S. commitment to civilian protection. Both wars were eventually fought as a counterinsurgency (COIN) and both revealed how protecting civilians is a central feature of COIN. This chapter examines the importance of civilian casualty mitigation in U.S. counterinsurgency operations, it describes the theoretical and practical lessons learned regarding civilian casualties and situates them in a broader strategic context. The chapter also describes the U.S. military’s newest doctrinal publication aimed specifically at preventing and mitigating harm to civilians. The chapter concludes noting that protecting the population and winning hearts …
The Federal Protective Power And Targeted Killing Of U.S. Citizens, Greg Mcneal
The Federal Protective Power And Targeted Killing Of U.S. Citizens, Greg Mcneal
Greg McNeal
In this responsive essay I argue that the Constitution envisions circumstances when the president may order U.S. citizens to be killed. It may be akin to the facts in al-Awlaki, where one is actively making war against the United States, or it may be in lesser circumstances that threaten the instruments of federal power. A settled example where a killing was authorized to protect the federal government was in Cunningham v. Neagle, 135 U.S. 1 (1890), there the Court addressed the killing of a U.S. citizen by Neagle, a federal marshal who was dispatched to protect Justice Field from an …
The U.S. Practice Of Collateral Damage Estimation And Mitigation, Greg Mcneal
The U.S. Practice Of Collateral Damage Estimation And Mitigation, Greg Mcneal
Greg McNeal
This paper explains how the U.S. military estimates and mitigates the impact of conventional weapons on collateral persons and objects in most military operations involving air-to-surface weapons and artillery. It is the descriptive part of a larger work discussing the normative implications of U.S. targeting practices. In recent years, an entire body of academic literature and policy commentary has been based on an incomplete understanding of how the U.S. conducts military operations. The literature is incomplete because U.S. practices are shrouded in secrecy and largely inaccessible. As a result commentators have lacked a descriptive foundation to analyze and critique U.S. …
The Status Quo Bias And Counterterrorism Detention, Greg Mcneal
The Status Quo Bias And Counterterrorism Detention, Greg Mcneal
Greg McNeal
Counterterrorism detention policy in the United States is a mess. Commentators on both sides of the political spectrum have decried the U.S. approach. Those on the left have criticized the arbitrary and unfair nature of U.S. policy; they argue that detention policy has unfairly trampled on the rights of individuals, producing results that are inconsistent and, perhaps, counterproductive, especially in the eyes of U.S. allies and the Muslim world. Others have approached this question from a security perspective, decrying the granting of privileges to those who fail to follow the rules of civilized nations yet then demand the protection of …
A Cup Of Coffee After The Waterboard: Seemingly Voluntary Post-Abuse Statements, Greg Mcneal
A Cup Of Coffee After The Waterboard: Seemingly Voluntary Post-Abuse Statements, Greg Mcneal
Greg McNeal
This symposium article focuses on the impact that abusive and coercive interrogation techniques will have on the admissibility of statements derived from non-abusive, non-coercive interviews. Were subsequent, legal, and humane interviews indelibly impacted by the "taint of torture" regardless of how they were conducted? Accordingly, are statements made in those subsequent non-coercive settings inadmissible on voluntariness grounds? This article first details the coercive interrogation techniques authorized against suspected terrorists detained in Guantanamo Bay Cuba. Next, the article details the changing circumstances of detainee custody and treatment to set the stage for a discussion of whether earlier abuses, if corroborated, will …
Organizational Culture, Professional Ethics, And Guantanamo, Greg Mcneal
Organizational Culture, Professional Ethics, And Guantanamo, Greg Mcneal
Greg McNeal
In this symposium essay I draw attention to the intersection between the social scientific literature on organizational culture and the legal ethics literature. Drawing from the organizational theory literature I detail a framework for assessing organizational culture and explain how organizational culture reflects more than rules and structure within an organization, but rather represents deeper values, practices, and ways of thinking. While organizational culture is difficult to change, it can be modified or sustained through power, status, rewards, and other mechanisms. After establishing a baseline for assessing organizational culture I highlight efforts by the Bush administration to exercise control over …
Show Trial Or Real Trial? A Digest Of The Evidence Submitted During The Prosecution's Case-In-Chief At The Dujail Trial Of The Iraqi High Tribunal, Greg Mcneal
Greg McNeal
During the trial of Saddam Hussein evidence was largely ignored by media coverage. The media's focus on controversial judicial rulings, assassinations of defense counsel, resignation of judges, scathing outbursts, allegations of mistreatment, hunger strikes, and even underwear appearances ignored the fact that the Prosecution meticulously built a compelling case against Saddam and his seven co-defendants. This essay provides a detailed précis of the evidence submitted during the Prosecution's case-in-chief. It includes an analysis of the testimony of the three-dozen witnesses, the surprising admissions of defendants Saddam Hussein and Barzan al-Tikriti, and the numerous Exhibits that have been admitted into evidence. …
Unfortunate Legacies: Hearsay, Ex Parte Affidavits And Anonymous Witnesses At The Iht, Greg Mcneal
Unfortunate Legacies: Hearsay, Ex Parte Affidavits And Anonymous Witnesses At The Iht, Greg Mcneal
Greg McNeal
This brief essay was part of a symposium entitled Fairness and Evidence in War Crimes Trials. To mark the commencement of the first international criminal trials taking place at the International Criminal Court in The Hague, this special issue was devoted to the question whether a person facing charges for war crimes or crimes against humanity can receive a fair trial on the evidence. The Editors of ICE asked a number of experts in the field of international criminal law and evidence, including judges, practitioners, and academics, to submit short pieces on this topic. Unfortunate Legacies Details how The Iraqi …