Now showing items 1-10 of 34
Decline of international law opinio juris and the law of cyber warfare
Michael N. Schmitt & Sean Watts, The Decline of International Law Opinio Juris and the Law of Cyber Warfare, 50 Tex. Int'l L.J. 189 (2015), reprinted in 91 Int'l L. Stud. 171 (2015).
This article sets forth thoughts regarding the performance of States, particularly the United States, in this informal process of the formation and evolution of international humanitarian, with particular attention paid ...
Drones, cyber, and more: International humanitarian law and the path ahead
Sean Watts, Video file: Drones, Cyber, and More: International Humanitarian Law and the Path Ahead, in 2014 LENS Conference: LAWshaping in National Security: The Past, the Progress, and the Path Ahead, held by the Center on Law, Ethics and National Security at Duke Law School (Feb. 28-Mar. 1, 2014).
Fifteen minute excerpt of Sean Watts, one of a panel of three experts at the 20th annual LENS Spring Conference at Duke Law School, discussing how humanitarian law and the law of war is impacted by the increased use of ...
Who is a prisoner of war?
Sean Watts, Who Is a Prisoner of War?, in The 1949 Geneva Conventions: A Commentary (Andrew Clapham, Paola Gaeta & Marco Sassòli eds., 2015).
This paper examines the qualification provisions for prisoner of war (POW) status under the Third Geneva Convention of 1949 (GC III). It argues that Article 4 of GC III should be understood merely to identify groups whose ...
Low-Intensity Cyber Operations and the Principle of Non-Intervention
Sean Watts, Low-Intensity Cyber Operations and the Principle of Non-Intervention, 14 Baltic Y.B. Int'L L. 137 (2014), reprinted in Cyberwar: Law and Ethics for Virtual Conflicts 249 (Jens David Ohlin, Kevin Govern & Claire Finkelstein eds., 2015).
The advent and proliferation of State-sponsored cyber operations, especially low-intensity cyber campaigns producing effects short of destruction and injury, seem likely to augment the importance of non-intervention as a ...
Regulation-tolerant weapons, regulation-resistant weapons and the law of war
Sean Watts, Regulation-Tolerant Weapons, Regulation-Resistant Weapons and the Law of War, 91 Int'l L. Stud. 540 (2015).
The historical record of international weapons law reveals both regulation-tolerant weapons and regulation-resistant weapons, identifiable by a number of criteria including effectiveness, novelty, deployment, medical ...
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 ...
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 ...
Report on United States law of armed conflict investigations and prosecution practices
Sean Watts, Report on United States Law of Armed Conflict Investigations and Prosecution Practices, in Israel's Mechanisms for Examining and Investigating Complaints and Claims of Violations of the Laws of Armed Conflict According to International Law 485 (Turkel Comm'n ed., 2013).
This report responds to interrogatories provided by the report sponsors concerning United States law of armed conflict investigation and prosecution practices and policies. Where possible the report relies on
International law and modern armed conflict: Can law really make a difference?
Sean Watts, International Law and Modern Armed Conflict: Can Law Really Make a Difference?, Neb. Law., Nov./Dec. 2013, at 19.
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 ...