Skip to content

Tag Archives: Geneva Convention

When I’m 64: The Geneva Conventions and the Obama Administration

By
Sunday, August 11, 2013 at 11:13 PM

August 12 is the 64th anniversary of the signing of the Geneva Conventions.  As a candidate, Senator Obama was highly critical of the Bush Administration’s non-application of the Geneva Conventions to detained members of al-Qaida and the Taliban.   His Administration came into office pledging to “abide” by the Geneva Conventions, and President Obama himself received . . .
Read more »

Constitution Project Report on Detainee Treatment Concludes U.S. Engaged in Torture

By
Tuesday, April 16, 2013 at 1:15 PM

The Constitution Project has released the results of its Task Force on Detainee Treatment in the form of this 577-page report—which concludes that “it is indisputable that the United States engaged in the practice of torture” and that “the nation’s highest officials bear some responsibility for allowing and contributing to the spread of torture.” Here . . .
Read more »

A Policy Paper on Autonomous Weapon Systems

By
Tuesday, April 9, 2013 at 3:36 PM

Ken Anderson and I have just published a new policy paper through the Hoover Institution: Law and Ethics for Autonomous Weapon Systems: Why a Ban Won’t Work and How the Laws of War Can. Our paper begins: Public debate is heating up over the future development of autonomous weapon systems. Some concerned critics portray that . . .
Read more »

No, General Martins Has Not “Gone Rogue”

By
Sunday, January 27, 2013 at 8:56 AM

The New York Times has a news analysis piece by this morning the excellent Charlie Savage, which requires a moment’s reflection. Charlie is about as good a reporter as there is out there on Lawfare-related matters, and he has broken most of the stories related to the internal machinations within the executive branch over the future of . . .
Read more »

Readings: Jeffrey S. Thurnher on Law of Armed Conflict Applied to Autonomous Weapon Systems

By
Saturday, January 19, 2013 at 7:29 AM

The American Society of International Law has released a new “ASIL Insight” on law applicable to autonomous weapon systems.  (ASIL Insights are short, descriptive pieces on topical issues meant as non-technical “backgrounders” for journalists, the general public, and anyone looking for a quick path into an international law topic; they represent solely the author’s views, . . .
Read more »

Readings: Bryant Walker Smith, “Automated Vehicles are Probably Legal in the United States”

By
Tuesday, January 1, 2013 at 2:33 PM

Bryant Walker Smith (a fellow at Stanford’s Center for Internet and Society) has authored a new CIS White Paper on whether self-driving cars are, or can be, legal in the United States.  His answer is … Automated Vehicles are Probably Legal in the United States. This is less obvious and more legally complicated than you . . .
Read more »

Completion of Copenhagen Process Principles and Guidelines on Detainees in International Military Operations

By
Monday, December 3, 2012 at 7:34 PM

Belatedly, I want to note the completion — on October 18/19 — of the “Copenhagen Process on the Handling of Detainees in International Military Operations” and the release of “The Copenhagen Process Principles and Guidelines.”  The Copenhagen Process was a five-year, multi-stakeholder effort to develop principles and good practices for states and international organizations that . . .
Read more »

Jeh Johnson Speech at the Oxford Union

By
Friday, November 30, 2012 at 12:01 PM

At this hour, Pentagon General Counsel Jeh Johnson is giving the following speech at the Oxford Union in England: “The Conflict Against Al Qaeda and its Affiliates: How Will It End?” Jeh Charles Johnson General Counsel of the U.S. Department of Defense at the Oxford Union, Oxford University[1] November 30, 2012 Thank you for inviting . . .
Read more »

Obama v. Bush on Counterterrorism Policy

By
Sunday, November 11, 2012 at 1:18 AM

I agree with much of what Jack says in his recent post about the counterterrorism issues likely to face President Obama in his second term.  But there’s one aspect of how Jack frames the discussion that I disagree with somewhat.  Because a number of other commentators seem to use the same basic framing, I thought I’d . . .
Read more »

Al Warafi Oral Argument Preview

By
Sunday, February 6, 2011 at 10:16 PM

Tomorrow morning the D.C. Circuit will hear oral argument in Al Warafi v. Obama, a Guantánamo merits appeal that challenges Judge Lamberth’s March 2010 decision denying habeas relief to petitioner Mukhtar Yahia Naji Al Warafi. In addition to fairly typical clear-error factual questions, Al Warafi presents a few new legal questions for the D.C. Circuit. . . .
Read more »

Brief Filed in Al Warafi v. Obama

By
Friday, November 12, 2010 at 12:11 PM

Today the government made available the public version of its brief in Warafi v. Obama. Readers may recall that this case is the petitioner’s appeal from Chief Judge Royce Lamberth’s March opinion denying Al Warafi’s habeas petition. We posted Al Warafi’s public brief a month ago. A quick, side-by-side comparison of the questions presented in . . .
Read more »