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  1. Who is the American ... ?

    the U.S. may be targeting overseas (HT to Lawfare's Ben Wittes for the NYT link); NYT, U.S. Militant, Hidden, Spurs Drone Debate (by MARK MAZZETTI and ERIC SCHMITT, FEB. 28, 2014):



    This...
  2. Furthering education is a two way street; and

    folks like you, ODB, have furthered my education in ways you may or may not imagine. That's my backhanded way of saying, thank you.

    On to the task at hand; it may or may not surprise you, but what...
  3. Firn:

    OK.

    My view is that politics > policies always govern selection of laws, which usually exist when selected, if not in the final product then as outlines of the final product. That is particularly...
  4. Discussing ?

    Not being a fly on that wall, I dunno.

    I'd suspect that some of the Obama appointees, besides wringing their hands, are advancing the same political arguments (reinforced by more current legal...
  5. Firn:

    Is your message really intent on conflating "torture, espionage and the killing of citizens" into a legal opinion (singular):



    and, by necessary implication, that a proponent of the "killing of...
  6. A Bridge Too Far ?

    ODB: What follows is my opinion.

    1. Targeted killings (whether of US citizens or non-US citizens) can only be justified under the Laws of War (aka Law of Armed Conflict or International...
  7. Jack Goldsmith on Possible New U.S. Citizen Strike

    AP broke this story on Monday, when Lawfare's Jack Goldsmith filed a very short comment, U.S. Citizen Possibly Targeted for Drone Attack, with a short snip from the AP story:





    The Dozier...
  8. The Short Legal Position

    But first, ODB, good to see the Buddha Belly back posting.

    The Short Legal Position starts with the 2001 AUMF, S.J.Res. 23 (107th): Authorization for Use of Military Force, which boils down to one...
  9. The NGOs chime in ...

    with Ben Emmerson's UN report; though in a more strident manner.

    Amnesty International, “Will I Be Next?” - US Drone Strikes in Pakistan; investigates nine drone strikes in North Waziristan...
  10. Emmerson UN Report

    Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (by Ben Emmerson, 18 Sep 2013):



    The salient conclusion of...
  11. Cross-reference

    See this post for much more on the "validity" of persons killed divided into categories, such as "civilians".

    My conclusion is that the "civilian" category is determined by the politics and...
  12. Good a place as any

    As Emmerson points out, drones ain't about to go away. See, from National Defense: Worldwide, Drones Are in High Demand (May 2013, by Dan Parsons), as illustrated by this Brazilian example:
    ...
  13. Ben Emmerson & Peter Bergen

    From New America Foundation, Drone Wars: Counterterrorism and Human Rights (May 14, 2013) (video, just over 1-1/2 hours).

    Participants

    Ben Emmerson, Special Rapporteur on the Promotion and...
  14. Ben Emmerson Interview

    Lawfare, Lawfare Podcast Episode #31: Special Edition: Ben Emmerson Discusses His Investigation (by Benjamin Wittes and Ritika Singh, May 14, 2013) (audio, just over 40 min.)

    A couple of key...
  15. David, thank you for the link

    Neither al-Muslimi's testimony nor his two blog posts concerning drones were surprising to me - nor, should they be, to anyone else who has followed the Pew International polls of the Muslim...
  16. Concensus or Divergence ?

    Witness List

    Hearing before the Senate Committee on the Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights On “Drone Wars: The Constitutional and Counterterrorism...
  17. Hello, Mr Growling Brown Bear,

    I'm gratified to see that we disgree on all material points. :D:):D

    Regards,

    Mike
  18. Thanks, Slap

    I'm gratified that you liked the debate. The presenters - both pro and con - brought their very different positions home without getting too far down into the legal weeds.

    For the most part, the...
  19. Drones Are [Are Not] Ethical And Effective

    Oxford Union Debate

    The Proposition: This House Believes Drone Warfare is Ethical and Effective.

    Speaking for the proposition were Benjamin Wittes, senior fellow at the Brookings Institution;...
  20. Before and After - Rand Paul's Filibuster

    We start with Fox News Poll: Majority supports use of drones (by Dana Blanton, March 04, 2013) (interviews conducted 25-27 Feb 2013, before Rand Paul's filibuster) (poll internals):



    However,...
  21. Hey Brother Fishel,

    I've stayed in plain sight. :) :cool:



    Agree; except as to this: "... and has been very over used to our detriment." The "jury" is not yet in on that.

    As far as the Bureau of Investigative...
  22. Matrices

    My take (strictly hypothetical), from here.

    Strikes (whether drone or other air, or boots on the ground direct actions) can be divided into two catagories, depending on what is known and unknown...
  23. Samir Khan

    (wiki), perhaps - who picked the wrong traveling companion at the wrong time ?

    As to "propaganda-only", the burden of proving that assertion lies on its proponent. But, one must admit that concept...
  24. A good summary by Byman-Wittes

    If the answer to their question #10 ("Is US capture plausible?") is negative, then we proceed to either a personality strike or a signature strike as hypothesized here, One Strike You're Out ??
    ...
  25. How To Do ?

    1. How do you determine "everyone" who holds a certain belief ? A data mining operation ? - "1984" ?

    2. How do you strike all those "everyones" without unacceptable collateral damage ? - death ray...
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