Wired warfare 3.0: protecting the civilian population during cyber operations

As a general matter, international humanitarian law is up to the task of providing the legal framework for cyber operations during an armed conflict. However, two debates persist in this regard, the resolution of which will determine the precise degree of protection the civilian population will enjoy during cyber operations. The first revolves around the meaning of the term “attack” in various conduct of hostilities rules, while the second addresses the issue of whether data may be considered an object such that operations destroying or altering it are subject to the prohibition on attacking civilian objects and that such effects need be considered when considering proportionality and the taking of precautions in attack. Even if these debates were to be resolved, the civilian population would still face risks from the unique capabilities of cyber operations. This article proposes two policies which parties to a conflict should consider adopting in order to ameliorate such risks. They are both based on the premise that military operations must reflect a balance between military concerns and the interest of States in prevailing in the conflict

Religion and Political Form: Carl Schmitt’s Genealogy of Politics as Critique of Habermas’s Post-secular Discourse

Jürgen Habermas's post-secular account is rapidly attracting attention in many fields as a theoretical framework through which to reconsider the role of religion in contemporary societies. This work seeks to go beyond Habermas's conceptualisation by placing the post-secular discourse within a broader genealogy of the relationships between space, religion, and politics. Drawing on the work of Carl Schmitt, the aim of this article is to contrast the artificial separation between private and public, religious and secular, state and church, and the logic of inclusion/exclusion on which modernity was established. Revisiting this genealogy is also crucial to illustrating, in light of Schmitt's political theory, the problems underlying Habermas's proposal, emphasising its hidden homogenising and universalist logic in an attempt to offer an alternative reflection on the contribution of religious and cultural pluralism within Western democracies

A spatially resolved limb flare on Algol B observed with XMM-Newton

We report XMM-Newton observations of the eclipsing binary Algol A (B8V) and B (K2III). The XMM-Newton data cover the phase interval 0.35 - 0.58, i.e., specifically the time of optical secondary minimum, when the X-ray dark B-type star occults a major fraction of the X-ray bright K-type star. During the eclipse a flare was observed with complete light curve coverage. The decay part of the flare can be well described with an exponential decay law allowing a rectification of the light curve and a reconstruction of the flaring plasma region. The flare occurred near the limb of Algol B at a height of about 0.1R with plasma densities of a few times 10^11 cm^-3 consistent with spectroscopic density estimates. No eclipse of the quiescent X-ray emission is observed leading us to the conclusion that the overall coronal filling factor of Algol B is small.Comment: 8 pages, 7 figures, accepted by A&

Unions and Upward Mobility for African-American Workers

This report finds that unionized black workers earn more than their non-union peers. In addition, the data show that unionized black workers are also more likely to have health-insurance benefits and a pension plan

Autonomous weapon systems and international humanitarian law: a reply to the critics

In November 2012, Human Rights Watch, in collaboration with the International Human Rights Clinic at Harvard Law School, released Losing Humanity: The Case against Killer Robots.[2] Human Rights Watch is among the most sophisticated of human rights organizations working in the field of international humanitarian law. Its reports are deservedly influential and have often helped shape application of the law during armed conflict. Although this author and the organization have occasionally crossed swords,[3] we generally find common ground on key issues. This time, we have not. “Robots” is a colloquial rendering for autonomous weapon systems. Human Rights Watch’s position on them is forceful and unambiguous: “[F]ully autonomous weapons would not only be unable to meet legal standards but would also undermine essential non-safeguards for civilians.”[4] Therefore, they “should be banned and . . . governments should urgently pursue that end.”[5] In fact, if the systems cannot meet the legal standards cited by Human Rights Watch, then they are already unlawful as such under customary international law irrespective of any policy or treaty law ban on them.[6] Unfortunately, Losing Humanity obfuscates the on-going legal debate over autonomous weapon systems. A principal flaw in the analysis is a blurring of the distinction between international humanitarian law’s prohibitions on weapons per se and those on the unlawful use of otherwise lawful weapons.[7] Only the former render a weapon illegal as such. To illustrate, a rifle is lawful, but may be used unlawfully, as in shooting a civilian. By contrast, under customary international law, biological weapons are unlawful per se; this is so even if they are used against lawful targets, such as the enemy’s armed forces. The practice of inappropriately conflating these two different strands of international humanitarian law has plagued debates over other weapon systems, most notably unmanned combat aerial systems such as the armed Predator. In addition, some of the report’s legal analysis fails to take account of likely developments in autonomous weapon systems technology or is based on unfounded assumptions as to the nature of the systems. Simply put, much of Losing Humanity is either counter-factual or counter-normative. This Article is designed to infuse granularity and precision into the legal debates surrounding such weapon systems and their use in the future “battlespace.” It suggests that whereas some conceivable autonomous weapon systems might be prohibited as a matter of law, the use of others will be unlawful only when employed in a manner that runs contrary to international humanitarian law’s prescriptive norms. This Article concludes that Losing Humanity’s recommendation to ban the systems is insupportable as a matter of law, policy, and operational good sense. Human Rights Watch’s analysis sells international humanitarian law short by failing to appreciate how the law tackles the very issues about which the organization expresses concern. Perhaps the most glaring weakness in the recommendation is the extent to which it is premature. No such weapons have even left the drawing board. To ban autonomous weapon systems altogether based on speculation as to their future form is to forfeit any potential uses of them that might minimize harm to civilians and civilian objects when compared to other systems in military arsenals

Inequality as Policy: The United States Since 1979

Since the end of the 1970s, the United States has seen a dramatic increase in economic inequality.While the United States has long been among the most unequal of the world's rich economies, the economic and social upheaval that began in the 1970s was a striking departure from the movement toward greater equality that began in the Great Depression, continued through World War II, and was a central feature of the first 30 years of the postwar period. This is not due to chance circumstances but is the direct result of a set of policies designed first and foremost to increase inequality