Now showing items 1-10 of 46
Present and future conceptions of the status of government forces in non-international armed conflict
Sean Watts, Present and Future Conceptions of the Status of Government Forces in Non-International Armed Conflict, 88 Int'l L. Stud. 145 (2012).
Legal voids exist and operate nowhere more clearly and widely in international law than in the laws of war applicable to non-international armed conflicts (NIAC). Status of government actors in NIAC provides an intriguing ...
Domestic investigation of suspected law of armed conflict violations: United States procedures, policies, and practices
Sean Watts, Domestic Investigation of Suspected Law of Armed Conflict Violations: United States Procedures, Policies, and Practices, in 14 Yearbook of International Humanitarian Law 85 (Michael N. Schmitt & Louise Arimatsu, eds., 2012).
This article outlines the investigative procedures available under current United States domestic law for suspected LOAC violations. Formal and informal procedures available under both civil and military justice systems ...
'Unlawful enemy combatant': Status, theory of culpability, or neither?
Mark David Maxwell & Sean M. Watts, 'Unlawful Enemy Combatant': Status, Theory of Culpability, or Neither? 5 J. Int'l Crim. Just. 19 (2007).
The Military Commissions Act of 2006 represents the United States' most recent effort to establish a forum to try detainees captured in its 'Global War on Terrorism'. This article briefly explores the Act's use of the term ...
Under siege: International humanitarian law and Security Council practice concerning siege operations
Sean Watts, Under Siege: International Humanitarian Law and Security Council Practice Concerning Siege Operations, Research and Policy Paper, Counterterrorism and Humanitarian Engagement Project (May 2014), blogs.law.harvard.edu/cheproject/files/2013/10/CHE-Project-IHL-and-SC-Practice-concerning-Urban-Siege-Operations.pdf.
This paper demonstrates that while siege operations, as traditionally practiced, are not technically prohibited, they are now significantly limited by IHL in both international armed conflict and non-international armed ...
Sean Watts, Constitutional Law (Int'l Humanitarian Law Clinic at Emory Univ. Sch. of Law, International Humanitarian Law Teaching Supplement Vol. 3, 2014), http://law.emory.edu/_includes/documents/sections/clinics/constitutional-law-1.pdf.
Notion of combatancy in cyber warfare
Sean Watts, The Notion of Combatancy in Cyber Warfare, in 2012 4th International Conference on Cyber Conflict: Proceedings 235 (Christian Czosseck, Rain Ottis & Katharina Ziolkowski eds., 2012).
This paper proposes an alternate test for combatant status in cyber warfare focused on State affiliation. Long an important, yet overlooked criterion for combatant status, State affiliation enjoys solid textual support in ...
Sean Watts, Law-of-War Perfidy, 219 Mil. L. Rev. 106 (2014).
The structural role of law-of-war perfidy is widely unappreciated and misunderstood. More than a prohibition of underhanded or dishonorable conduct, the prohibition of perfidy is an essential buttress to the law of war as ...
Understanding the distinct function of the combatant status review tribunals: A response to Blocher
Geoffrey Corn, Eric Talbot Jensen, & Sean Watts, Understanding the Distinct Function of the Combatant Status Review Tribunals: A Response to Blocher, 116 Yale L.J. Pocket Part 327 (2007), http://yalelawjournal.org/forum/understanding-the-distinct-function-of-the-combatant-status-review-tribunals-a-response-to-blocher.
This article addresses the limited and distinct function of the Combatant Status Review Tribunals established by the Department of Defense to review enemy combatant designations. It explains how the predicate legal ...
Rethinking the security architecture of North East Asia
Michael J. Kelly & Sean Watts, Rethinking the Security Architecture of North East Asia, 41 Victoria U. Wellington L. Rev. 273 (2010).
In the aftermath of the Cold War, many questioned the continuing efficacy of collective security structures such as the North Atlantic Treaty Organization and the United Nations Security Council. Yet North East Asia never ...
Combatant status and computer network attack
Sean Watts, Combatant Status and Computer Network Attack, 50 Va. J. Int'l L. 391 (2010).
The national security implications of computer network attacks (CNA) have become far-reaching and have prompted major adjustments to our nation's defense structure and strategy. One of the current President's early executive ...