The assessment of facts to determine if peacetime law or the law of armed conflict is the correct choice involves the same analysis used in resolving other choice of law questions. Lawyers and judges constantly make choice of law decisions.
Tag: Law of Armed Conflict
Cyber Threats and the Law of War
When I was invited to participate in a forum dealing with “National Security Threats in Cyberspace,” sponsored by the American Bar Association Standing Committee on Law and National Security and the National Strategy Forum, my assigned role was to provide a “succinct and brief” explanation of how the existing Law of War (LOW) might be applied to cyber threats.
‘This Is Not Your Father’s War’ Confronting the Moral Challenges of ‘Unconventional’ War
On Tuesday, November 4, 2008, Paula Loyd, assigned to U.S. Army team AF-4 Blue, was conducting interviews among the local population in the small village of Chehel Gazi in southern Afghanistan. According to witnesses, she approached a man carrying a fuel jug, and they began discussing the price of gasoline. Suddenly the man, Abdul Salam, doused her with the fuel in his jug and set her on fire. She suffered second- and third-degree burns over sixty percent of her body. Tragically, Paula Loyd died of her injuries a few weeks later, in early January 2009.