Law and Public Policy

Emerging Trends in Modern Warfare Conference

Emerging Trends in Modern Warfare Conference

Drone

 

The Emerging Trends in Modern Warfare conference will consist of two panels discussing different changes that are happening in the ways the United States military operates. The first panel focuses on the practical operational considerations that are necessary when people from the military, law enforcement, and intelligence communities work together and how this convergence is actually working in the field. The second panel focuses on the Constitutional, International Humanitarian Law, and Law of Armed Conflict issues that arise when these components operate together overseas.

 

When

Sept. 21, 2012 from 9 a.m. to 3 p.m. Registration begins at 8:30 a.m.

Where

Seminar rooms 4 and 5 (S-4 and S-5). University of the Pacific, McGeorge School of Law 3200 Fifth Ave. Sacramento, CA 95817 Map & Directions

Cost

  • General Admission — $20
  • MCLE Credit (Pacific McGeorge Alumni) — $25
  • MCLE Credit (non-Alumni) — $40
  • Students and Pacific McGeorge Faculty — Free
  • Register & Pay

Contact

For more information, please call 916.739.7138 or send an email to mlsatmcgeorge@pacific.edu.

Program

8:30 to 9 a.m. Breakfast & Registration
9:15 a.m. to 9:30 a.m. Opening Remarks
9:30 a.m. to 11:30 a.m Panel 1: The Operational Convergence Between the Military, the Intelligence Community, and Law Enforcement

  • Herb Brown, Special Agent in Charge, Federal Bureau of Investigation
  • Dana Dyson, Deputy Chief, CIA Office of General Counsel’s Operations Division
  • James Schmidli, Deputy General Counsel for Operations, Defense Intelligence Agency
11:30 a.m. to 12:30 p.m. Lunch
12:45 p.m. to 2:45 p.m. Panel 2: Constitutional and International Legal Challenges Related to Modern Warfare Tactics, Technology, and Practices

  • Professor John Sims, University of the Pacific, McGeorge School of Law
  • Ms. Anne Quintin, International Committee of the Red Cross
  • Professor Gregory McNeal, Pepperdine University School of Law
2:45 p.m. to 3 p.m. Closing Remarks

 

Standard
Law and Public Policy

America’s Reach: The Constitutionality of Targeted Killing

On Friday, April 6, 2012 I will be participating in a debate at The University of California, Davis School of Law.  The topic is “America’s Reach:  The Constitutionality of Targeted Killing.”  The speech is sponsored by the ACLU and the Federalist Society.  For more on this issue, see my article Kill-Lists and Accountability.

Standard
Law and Public Policy

New Approaches to Reducing and Mitigating Harm to Civilians

I just posted to SSRN the abstract for my chapter New Approaches to Reducing and Mitigating Harm to Civilians which will appear in the Oxford University Press book, Shaping a Global Legal Framework for Counterinsurgency: New Directions in Asymmetric Warfare (William C. Banks ed., 2012).  The abstract appears below.

The wars in Iraq and Afghanistan highlighted the strategic importance of the U.S. commitment to civilian protection. Both wars were eventually fought as a counterinsurgency (COIN) and both revealed how protecting civilians is a central feature of COIN. This chapter examines the importance of civilian casualty mitigation in U.S. counterinsurgency operations, it describes the theoretical and practical lessons learned regarding civilian casualties and situates them in a broader strategic context. The chapter also describes the U.S. military’s newest doctrinal publication aimed specifically at preventing and mitigating harm to civilians.

The chapter concludes noting that protecting the population and winning hearts and minds are well known central planks in counterinsurgency theory. However, achieving these goals is oftentimes harder said than done, especially when the reality of modern operations is a transparent conflict environment in which enemy forces will seek to purposefully cause harm to civilians, and exploit such harm for their own ends. Based on America’s experiences in Iraq and Afghanistan, the U.S. military has created the world’s first manual directed at preventing and mitigating harm to civilians in combat. As the discussion in this chapter highlights, the manual is merely the first step in cataloging and sharing lessons learned.

Effective civilian casualty mitigation in counterinsurgencies and other operations will require sustained efforts on the part of the military to act in a way that may exceed the baseline requirements of the law of armed conflict. Ample evidence –ranging from restrictive rules of engagement to a consistent focus on “lessons learned”– suggests the U.S. military is already exceeding the requirements of the law of armed conflict. Such actions may not placate critics of U.S. operations, but it may go a long way toward laying the foundation for success in counterinsurgency operations.

For more about the CIVCAS Mitigation manual see Spencer Ackerman’s post Army Writes New Manaul on Preventing Civilian Deaths here.

Standard
Law and Public Policy

Emerging Issues in International Humanitarian Law: Santa Clara Law

On Friday February 3 and Saturday February 4th the Santa Clara Law school will host a symposium on International Humanitarian Law.  I will be serving as a moderator for Panel 3.  The full schedule appears below, and more information about the symposium can be found here.

The 2012 Santa Clara Journal of International Law Symposium- Emerging Issues in International Humanitarian Law

Friday, February 3 and Saturday, February 4, 2012

HOSTED BY:
Santa Clara University School of Law
Santa Clara Journal of International Law
Center for Global Law & Policy

Symposium Schedule

Continue reading

Standard
Law and Public Policy

Vanderbilt Law School Hosting Kill-Lists and Accountability Presentation

Nashville, TN Kill-Lists and Accountability to be presented on Wednesday October 10, 2012 at Vanderbilt University School of Law.

I will be presenting my paper Kill-Lists and Accountability, the abstract for the paper appears below.

This paper examines the U.S. practice of targeted killings. It proceeds in two parts, the first part is an empirical description of the process of targeted killings. Based on qualitative empirical research conducted pursuant to proven case study techniques, part one describes how kill-lists are created, what government actors approve the name of individuals to be added to kill lists, how targeted killings are executed, and how the U.S. implements its International Humanitarian Law obligation to mitigate and prevent harm to civilians.

Specifically, the paper explains in rich detail the process the U.S. follows to estimate and mitigate the impact of conventional weapons on collateral persons and objects in most targeted killings. Key Findings: In pre-planned operations the U.S. follows a rigorous collateral damage estimation process based on a progressively refined analysis of intelligence, weapon effects, and other information. When followed, this process dramatically reduces the amount of collateral damage in U.S. operations, and also ensures high levels of political accountability. However, due to the realities of combat operations, the process cannot always be followed; Data about the U.S. military’s collateral damage estimation process reveals that the system is intended to ensure that there will be a less than 10 percent probability of serious or lethal wounds to non-combatants; In actuality, less than 1% of pre-planned operations that followed the collateral damage estimation process resulted in collateral damage; When collateral damage has occurred, 70% of the time it was due to failed “positive identification” of a target. 22% of the time it was attributable to weapons malfunction, and a mere 8% of the time it was attributable to proportionality balancing – e.g. a conscious decision that anticipated military advantage outweighed collateral damage; According to public statements made by U.S. government officials the President of the United States or the Secretary of Defense must approve any pre-planned ISAF strike where 1 civilian casualty or greater is expected.

In the second part of the paper, I turn from the empirical to the normative. I describe the various mechanisms of accountability embedded in the targeted killing process. Specifically, I set forth an analytical framework which allows for the examination of legal, political, bureaucratic, and professional mechanisms of accountability. I then assess the strengths and weaknesses of these four accountability mechanisms as applied to U.S. targeted killings. The paper concludes by suggesting legal and policy reforms to address the shortcomings identified in the normative section.  For more on this issue, see my article Kill-Lists and Accountability.

 

Standard
Law and Public Policy

Short Summary of Collateral Damage/Targeting Piece Now Posted at Lawfare

Over at Lawfare I’ve posted a short summary of my collateral damage piece.  You can access the summary here.

To give you a feel for the flavor of the blog post, here is my concluding paragraph:

“Taken together, the CDM process provides predictions about likely effects, and the ROE specifies the decision authority necessary to authorize certain strikes.  The process, as I explain it in the paper, is far more detailed and accountable than that which has been described by most commentators. I should caution that this blog post differs a bit from the article.  I’m making the point here that most critics have largely ignored the levels of accountability and procedural care I describe in the paper, I don’t make that claim in the article mostly because I’m limiting it to an empirical description of the process.  I do think it’s important to highlight that many commentators have not fairly described the military’s process despite the fact that most of the documents I rely upon were available on the internet, were released to the ACLU in the al Aulaqi litigation, or were published by WikiLeaks (although synthesizing them and supplementing them with interviews was a big challenge).  In some respects the military can be faulted for not adequately explaining their very defensible procedures to the public.  In any case, irrespective of your opinion about the merits of targeted killing, I’m hopeful my paper provides the foundation necessary for scholars and commentators to build upon, and I hope it serves as a helpful corrective to the descriptions of state practice currently circulating in public commentary.”

For more on this issue, see my article Kill-Lists and Accountability.

Standard