Online Edition

Online Edition

A Foreign Organ: Courts-Martial as an Alternative to the 9/11 Military Commissions

Benjamin Sonnenberg* [This essay is available in PDF at this link] Introduction Almost 3,000 Americans died on September 11, 2001.[1] In response to the disaster, and shortly following the U.S.-led invasion of Afghanistan, President Bush issued a Military Order pertaining to the “detention, treatment, and trial” of non-citizens in the War on Terror.[2] This Order established the modern system of military commissions at the Guantanamo Bay Naval Base (GTMO). The Order authorized trial by military tribunal for non-U.S. citizens who were members of Al-Qaeda or engaged in acts of international terrorism.[3] Almost immediately, the tribunals came under intense scrutiny because they provided defendants with few legal protections, especially in comparison to those provided by courts-martial.[4] Academics and politicians from across the spectrum raised moral and legal concerns.[5] The new system was not exposed to Congressional […]

Heller Symposium, Online Edition

THE FETISHIZATION OF “THE HUMAN” IN THE CRITIQUE OF AUTONOMOUS WEAPONS

* This article is the last in a symposium on Kevin Jon Heller’s “The Concept of “the Human” in the Critique of Autonomous Weapons,” published in this journal in 2023. It responds to prior articles in the symposium which can be found in the Harvard National Security Journal Online at https://harvardnsj.org/onlineedition.  Kevin Jon Heller [**] [This essay is available in PDF at this link] INTRODUCTION At the beginning of their response to my article, Elke Schwarz and Neil Renic say that “[w]e know and like Kevin.”[1] Bo does not say that she likes me in her response, but I’m confident that

Heller Symposium, Online Edition, Uncategorized

Countering the “Humans vs. AWS” Narrative and the Inevitable Accountability Gaps for Mistakes in Targeting: A Reply to Kevin Jon Heller

*This article is part of a symposium on Kevin Jon Heller’s “The Concept of “the Human” in the Critique of Autonomous Weapons,” published in this journal in 2023. All articles in the symposium can be found in the Harvard National Security Journal Online at https://harvardnsj.org/onlineedition.   Dr. Marta Bo[**] [This essay is available in PDF at this link] I. Introduction  In this reply, I challenge the “Humans vs. AWS” narrative, which claims that AWS will achieve unprecedented targeting accuracy compared to humans. By highlighting the flaws in this comparison, I also dispute the idea that there will always be gaps in accountability for

Online Edition

The Image of Combat, Not Community: A Critique on Law Enforcement Use of Military Equipment

Editors’ Note: The author researched and wrote this piece the summer after her first-year of law school, in 2020. The piece was accepted as an anonymous student submission shortly thereafter. Since then, the author obtained her J.D. from Harvard Law School in 2022 and is now a practicing attorney in New York. Natassia Velez* [This essay is available in PDF at this link] Introduction Her breath caught in her throat as she saw the scene play out on the screen before her. A Mine Resistant Ambush Protected (MRAP) vehicle lumbered down the street, and a line of forces stood wearing

Heller Symposium, Online Edition

On the Pitfalls of Technophilic Reason: A Commentary on Kevin Jon Heller’s “The Concept of ‘the Human’ in the Critique of Autonomous Weapons”

* This article is part of a symposium on Kevin Jon Heller’s “The Concept of “the Human” in the Critique of Autonomous Weapons,” published in this journal in 2023. All articles in the symposium can be found in the Harvard National Security Journal Online at https://harvardnsj.org/onlineedition.   Elke Schwarz[**] Neil Renic[***] [This essay is available in PDF at this link] I. Introduction Critiquing a critique is a delicate matter. One risk is that the intention of the critique (either one) is distorted or misconstrued. The motivations of the respective authors can be difficult to grasp with precision, and we all read texts

Online Edition

“Using the Force” Against “Rebel Scum”: The Application of International Humanitarian Law in Outer Space Against Non-State Actors

Haldor Mercado* [This essay is available in PDF at this link] I.      Introduction             As an enormous superweapon known as the “Death Star” orbits the Earth-like planet of Alderaan, the commander gives the order to “fire when ready”; with the press of a button and the pull of a lever, a beam of energy obliterates the planet.[1]  Since Star Wars was first released in 1977, that scene and others like it have remained fanciful; there has not yet been the kind of military conflict in outer space that is frequently depicted in science fiction. That could change, however. Wars in outer space have only become more

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