Schmitt and Widmar explore the law of targeting within international humanitarian law (IHL) and its application to international and non-international armed conflict. The article examines the “five elements” of a target operation, including the target, the weapon used, the execution of the attack, possible collateral damage and incidental injury, and location of the strike. The… Continue reading “On Target”: Precision & Balance in the Contemporary Law of Targeting
Category: Vol. 7 No. 3
Engaging the Big Issues | Thought-leaders from throughout the national security law community are featured in Vol. 7 No. 3: Herb Lin discusses classification, Spike Bowman reviews “Duty,” Michael Schmitt analyzes the “law of targeting,” and Norm Abrams addresses GITMO.
Of Guns & Grotius
Kellman discusses the breakthroughs in the development of explosive weapons since the 13th century. He then analyzes the evolution of theories on the international law of war as expounded by Grotius, Gentili, and Vatel. He argues that these scholars should have instead developed an international law of peace; he hypothesizes what the foundation of law… Continue reading Of Guns & Grotius
Addressing the Guantanamo “Legacy Problem”: Bringing Law-of-War Prolonged Military Detention & Criminal Prosecution into Closer Alignment
Abrams seeks to move the discussion on Guantanamo detainees forward by bringing law-of-war detention and criminal prosecution into closer alignment. The article analyzes the Obama Administration’s current approach of dealing with terrorists captured abroad and its preference for conducting criminal prosecutions whenever feasible. Abrams proposes several changes to the current system, including a decision-making framework… Continue reading Addressing the Guantanamo “Legacy Problem”: Bringing Law-of-War Prolonged Military Detention & Criminal Prosecution into Closer Alignment