My written testimony on the use of drones for targeted killing in the War on Terror submitted for yesterday’s hearing the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights is now available here. You can view the video of the oral testimony (both mine and the other witnesses) here. I will post […]
Archive | War and Armed Conflict
Oral Testimony on Drones and Targeted Killing Before the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights
A video of my and other witnesses’ oral testimony on the use of drones for targeted killing in the War Terror, before the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights is now available here (just click on “webcast”). It was interesting for me to see that there was a broad consensus […]
My Upcoming Testimony on Drones and The War on Terror Before the Senate Judiciary Subcomittee on the Constitution, Civil Rights, and Human Rights
For those who may be interested, on Tuesday at 4 PM, I will be testifying at a hearing on “Drone Wars: The Constitutional and Counterterrorism Implications of Targeted Killing,” held by the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. My testimony will focus primarily on the issues addressed in this post. […]
The Debate About to Heat Up Over HRW’s Call to Ban “Killer Robots,” AKA Autonomous Weapon Systems
By Kenneth Anderson on April 13, 2013 7:13 pm in Human Rights Watch, International Law, National Security, Robotics, War and Armed Conflict
(And: thanks to Instapundit for linking to the new policy essay by Matthew Waxman and me from the Hoover Institution, referenced at the end of this post, Law and Ethics for Autonomous Weapon Systems – thanks Glenn!) Last November, two documents appeared within a few days of each other, each addressing the emerging legal and […]
Upcoming George Mason University Event on Drones and the War on Terror
By Ilya Somin on April 8, 2013 10:40 am in Targeted Killing, Terrorism, War and Armed Conflict, War on Terror
This Wednesday, April 10, at 12 PM, I will be taking part in an event on the legal and policy issues surrounding the use of drones in the War on Terror, at George Mason University School of Law. I will be on a panel with my GMU colleagues Jeremy Rabkin and Nathan Sales. The event […]
A More Succinct Way to Declare War
Co-blogger Ken Anderson praises Joan of Arc’s lengthy 1429 declaration of war against the English. I prefer the more concise approach adopted by Sviatoslav I, the 10th century Prince of Kiev: “Иду на вы.” I would loosely translate this as “I’m coming to get you.” Admirably to the point. International law mavens could learn a […]
The Case for Drone Courts
Last month, former acting Solicitor General Neal Katyal made the case for creating an executive branch court to oversee the use of drones for targeted killings. In Katyal’s view, subjecting drone strikes to an Article III “drone court” would be a “mistake.” Thus he endorsed an alternative oversight mechanism to be housed within the executive […]
Repudiating the Japanese Internment Decisions
Legal scholar Peter Irons, a leading academic expert on the Japanese internment cases, has written a powerful article calling on the Supreme Court to explicitly repudiate those decisions [HT: Constitutional Law Prof blog]. Those notorious cases, most notably Korematsu v. United States, upheld the forcible detention of over 100,000 Japanese-Americans in internment camps during World […]
Attorney General Eric Holder Responds to Rand Paul’s Question on Domestic Use of Drones Against US Citizens
Attorney General Eric Holder has sent the following response to Republican Senator Rand Paul’s question about when the president has the authority to use drones to target US citizens on American soil: Dear Senator Paul: It has come to my attention that you have now asked an additional question: “Does the President have the authority […]
US Surveillance Drones Aid French Airstrikes in Mali
By Kenneth Anderson on March 4, 2013 1:01 pm in National Security, Robotics, Science Fiction/Fantasy, War and Armed Conflict
The Wall Street Journal national security reporting team has a new article in today’s Journal on how US surveillance drones are providing intelligence and targeting information to French forces in Mali, which then use the information to direct French (manned) airstrikes. The drone surveillance marks, according to the article, a widened role for the US […]
In Other Pirate News
By Eugene Kontorovich on March 1, 2013 1:33 pm in International Law, National Security, War and Armed Conflict, War on Terror
A group of armed men attack a U.S. warship on the high seas. Piracy under international law? Yesterday, the U.S. District Court in Richmond convicted a group of Somalis for an attack on the U.S.S. Ashland (such incidents are not uncommon). Boy these guys were dumb – what were they thinking? Of course, if Judge […]
What the Definition of Piracy Means for UNCLOS & ATS
By Eugene Kontorovich on February 28, 2013 1:05 pm in Alien Tort Statute, Criminal Law, International Law, Terrorism, War and Armed Conflict
Judge Kozinski has gotten considerable criticism from liberals for ruling that Sea Shepherd is involved in piracy under international law. A subsequent post will provide additional support for the decision on the merits. Here, I’d like to look at the big picture and suggest that liberals should be thanking Kozinski: a contrary ruling would have […]
Katyal on Executive Oversight for Drones
Former acting solicitor general Neal Katyal writes in today’s NYT in favor of an executive branch court to oversee the use of drones to combat terrorism. His op-ed begins: In the wake of revelations about the Obama administration’s drone program, politicians from both parties have taken up the idea of creating a “drone court” within the […]
The Drone Targeting Dilemma
By Ilya Somin on February 8, 2013 10:45 am in Targeted Killing, War and Armed Conflict, War on Terror
The Obama administration memo on targeted killing has drawn an enormous amount of commentary, much of it hostile. To my mind, a lot of the criticism is overblown because it doesn’t give enough consideration to the fact that the memo’s rationale for targeted killing is strictly limited to American citizens who are “senior operational leader[s] […]
The Drone White Paper, Imminence, and “Active Self-Defense”
By Kenneth Anderson on February 7, 2013 12:53 pm in Targeted Killing, War and Armed Conflict, War on Terror
Co-Conspirator Jonathan mentioned posts at Lawfare blog discussing the Drone White Paper that has been much in the news along with notice that the Awlaki OLC memo will be shared with Congress, and all with the Brennan hearings for CIA director. I have added a post at Lawfare that Volokh readers might find interesting; it […]