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...
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...
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...
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...
“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...
Impractical and Unconstitutional: The Stored Communications Act Post-Carpenter
Richard McCutcheon*1 [This essay is available in PDF at this link] Introduction The Stored Communications Act (SCA)[1] has generated numerous practical headaches for academics and judges as digital technology advances in scope and importance.[2] Created in...
National Security and Domestic Terrorism: The Legal and Legal Policy Implications of Creating a Domestic Terrorism Organization List
Thomas Edward Brzozowski[1]* [This essay is available in PDF at this link] I. Introduction The terrorist attacks of 9/11 radically altered the U.S. counter-terrorism apparatus and resulted in the creation of a host of new governmental departments and agencies...
Exploring the Application of Force Majeure for AI Mistakes in Armed Conflict
Fatemah Albader[*] [This essay is available in PDF at this link] Introduction With the fast-evolving and increasing reliance on artificial intelligence (AI) technology in armed conflict, the question of when a state may be held responsible for AI mistakes is no...
Expanding Lawful Influence Operations
Justin Malzac[*] [This essay is available in PDF at this link] “It’s always easier to stamp out a small ember than to put out a raging fire.” [1] — Lloyd Austin, Secretary of Defense Introduction Influence operations, including propaganda and psychological operations,...
The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability, Part IV: Questions for the Record—Federal Government Response to Coronavirus and U.S. Public Health Leadership Role
Chimène Keitner[*] [This essay is available in PDF at this link] Introduction On June 23, 2020, the Senate Judiciary Committee held a hearing on “The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability.”[1] Professor Chimène Keitner...