By Malik Ahmad Jalal* Click here to read the full text as a PDF The Roman Empire in Germania, the French in Algeria, the United States in Vietnam, and the Soviet Union in Afghanistan all conjure up the myth that insurgencies cannot be defeated. In recent years, this notion has only been reinforced by NATO’s […]
Post-Human Humanitarian Law: The Law of War in the Age of Robotic Weapons
By Vik Kanwar* — Click here to read the full text of the Review Essay Vik Kanwar reviews: P.W. Singer, Wired for War: The Robotics Revolution and Conflict in the 21st Century (Penguin Press 2009), Ronald Arkin, Governing Lethal Behavior in Autonomous Robots (Chapman & Hall 2009), William H. Boothby, Weapons and the Law of […]
Detention
By Phillip B. Heymann* — Click here to read the full text of the Essay In response to various scholarly commentaries, Professor Philip Heymann argues that applying the law of war outside of the “normal state-against-state context,” in order to justify military detention, involves an “increased risk of mistakes, unfairness, and resentment by our allies,” […]
Untangling Attribution
By David D. Clark* and Susan Landau** — Click here to read the full text of the Essay As a result of increasing Internet insecurity — DDoS attacks, spam, cybercrime, and data theft — there have been calls for an Internet architecture that would link people to packets (the fundamental communications unit used in the […]
Beyond Guantanamo: Two Constitutional Objections to Nonmilitary Preventive Detention
By Eric Sandberg-Zakian* — Click here to read the full text of the Article Eric Sandberg-Zakian addresses nonmilitary preventive detention, a scheme that has gained support as a sensible alternative to holding suspected terrorists now that indefinite, unreviewable military detention is no longer an option. Such a program would empower the government to detain suspects […]
Mission Possible: How Intelligence Evidence Rules Can Save UN Terrorist Sanctions
By Vanessa Baehr-Jones* — Click here to read the full text of the Article In this Article, Vanessa Baehr-Jones addresses the familiar tension between due process and the prosecution of counterterrorism operations, but does so through the less familiar context of UN Security Council Resolution (UNSCR) 1267, which targets terrorist financing. In the wake of […]