Tag Archive for Israel

The Domestic Proliferation of Drones and their Challenges to American Democratic Values, Civil Liberties, Local Law Enforcement and National Security

March 1, 2013 Global Security, Human Rights & Conflict, International Relations, Intl Law, National Security Law, Paid Content, U.S. Natl. Security No comments

“The Domestic Proliferation of Drones and their Challenges to American Democratic Values, Civil Liberties, Local Law Enforcement and National Security” by Kapok Tree Diplomacy

Background

In today’s continuous national security state that blurs the lines between war and peace and civilian and military operations, the question becomes whether America must deliberately violate its values to protect its citizens?  John O. Brennan, Assistant to President Obama for Homeland Security and Counterterrorism, declared that America’s values and national security “reinforce one another” and rejected the “false choice” between the nation’s security and its traditional values.[1] Jay Stanley and Catherine Crump from the ACLU counter that drones threaten U.S. citizens’ fourth amendment protections against unreasonable search and seizure without a warrant and probable cause.[2]  This paper will assess whether the end justifies the means.

This essay will attempt to navigate the ethical tradeoffs between using domestic drones that can look inside private homes with thermal heat sensors and tap into cell phone and text conversations with all the good that drones can do in helping local law enforcement.[3] With the Federal Aviation Administration (FAA) issuing over 300 Certificates of Authorizations (COAs) since 2006 to entities like local law enforcement agencies and the DOD for permission to fly UAVs, the debate over their potential misuse has only just begun.[4]

{Complete essay contains 4,138 words; 14 double-spaced pages; 30 references}

The posts, views and opinions expressed in this paper are completely my own and do not represent the views or opinions of the Department of Defense (DoD), the Department of the Navy (DON) or any of the Armed Forces.

Table of Contents

I.    Background

II.   Unmanned Aerial Vehicles (UAVs) and Drone Capabilities

A.  Military Capabilities and Usage

B.  Domestic Capabilities and Usage

III.  Analysis – Domestic Drones

A.  Pros and Cons of Using Domestic Drones for Law Enforcement

B.  Pros and Cons of Using Domestic Drones for Border Surveillance

C.  American Values: Privacy and Civil Liberties Concerns

D.  International Law Concerns

IV.  Analysis – The Coming Drone Armageddon

V.   Conclusions and Recommendations

Works Cited in Introduction

[1] Brennan, John O. “Remarks of John O. Brennan, “Strengthening our Security by Adhering to our Values and   Laws.” Program on Law and Security, Harvard Law School. http://www.whitehouse.gov/the-press-office/2011/09/16/remarks-john-o-brennan-strengthening-our-security-adhering-our-values-an (accessed April 29, 2012).

[2] Stanley, Jay and Catherine Crump. Protecting Privacy from Aerial Surveillance: Recommendations for Government use of Drone Aircraft. American Civil Liberties Union, December 2011, 14. https://www.aclu.org/files/assets/protectingprivacyfromaerialsurveillance.pdf (accessed April 29, 2012).

[3] Finn, Peter, “Domestic use of Aerial Drones by Law Enforcement Likely to Prompt Privacy Debate,” The Washington Post, January 23, 2011 (accessed April 29, 2012).

[4] Lynch, Jennifer. “FAA Releases Lists of Drone Certificates—Many Questions Left Unanswered.” Electronic Frontier Foundation. https://www.eff.org/deeplinks/2012/04/faa-releases-its-list-drone-certificates-leaves-many-questions-unanswered (accessed April 29, 2012).

International and Regional Mechanisms for Holding Human Rights Offenders Accountable

February 18, 2013 Human Rights & Conflict, International Relations, Paid Content No comments

“International and Regional Mechanisms for Holding Human Rights Offenders Accountable” by Kapok Tree Diplomacy

PREVIEW            [Includes Table of Contents] Full essay is 2,825 words. 10 pages double-spaced. 12 references

Section One – United Nations Charter-Based and Treaty-Based Bodies

Charter-Based Institutions. These institutions include the UN General Assembly (GA), the UN Security Council (UNSC), the International Court of Justice (ICJ), the Human Rights Council (HRC), and other authorized bodies created by them such as the Commission on the Status of Women (CSW) (Steiner, Alston & Goodman (SAG) 737). “The single most important contribution made by the Charter-based bodies … has been through the elaboration of an ever-growing body of standards designed to flesh out … the norms enunciated in the Universal Declaration” (SAG 742). Each institution differs in its accountability processes. Read more

The Key Differences between First and Second Generation Human Rights

February 18, 2013 Human Rights & Conflict, International Relations, Paid Content No comments

(C) Kapok Tree Diplomacy. Mar 2011. All rights reserved. Jeff Dwiggins.
4,880 words. 17 pages double-spaced. 13 references.  {Formerly} PAID CONTENT

Introduction

UNDHRThe recognition of individual human rights under international law took on a “formal and authoritative expression” following the end of World War II when the United Nations (UN) General Assembly adopted the Universal Declaration of Human Rights (UDHR) in 1948 (Steiner, Alston & Goodman (SAG) 134). The UNDHR was designed to “take the form of a declaration – that is, a recommendation by the General Assembly to Member States that would exert a moral and political influence on states rather than constitute a legally binding document” (SAG 135).

Following approval of the UDHR, the UN Commission, General Assembly and Third Committee began work on a more “detailed and comprehensive” expression of human rights that emerged in the form of “two principal treaties – The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)” which were both approved in 1966 and both entered into force in 1976 through the required number of ratifications (SAG 136). The ICCPR and ICESCR were designed to be more legally binding than the UDHR. Collectively, these three documents are often referred to as the ‘International Bill of Human Rights’ (SAG 133).  Read more

Can Samuel P. Huntington’s ‘Clash of Civilizations’ model explain trends in foreign affairs after the 9-11 attack?

February 17, 2013 Free Content, International Relations, Post Conflict Reconstruction No comments

(C) Kapok Tree Diplomacy. Feb 2011. All rights reserved. Jeff Dwiggins.

The conduct of international relations post 9-11 has certainly been dramatically shaped by the US. invasions of Iraq and Afghanistan, in the former as a pre-emptive attack to remove WMD and the Ba’athist regime of Saddam Hussein, and in the latter to hunt down al Qaeda and Taliban terrorists and eliminate the training bases that harbored these non-state actors. In both cases, massive reconstruction projects have been undertaken to prevent Iraq and Afghanistan from becoming failed states and help them adopt political and economic reforms of a Western orientation.

But these U.S. interventions are not the only factor explaining the conduct of IR after 9-11. Paul Diehl notes that the demand for peace operations and subsequent escalation in third party interventions rose dramatically following the Cold War due to “superpower retrenchment in providing aid to other states,” an explosion of failed states and civil wars that spawned out of the power vacuum, an increased advocacy for democracy and free markets, greater international concern for human rights, and globalization (52-55). Read more

Are Confidence Building Measures Effective in the Middle East?

February 15, 2013 Free Content, International Relations, Prevent/Contain Intl. Conflicts No comments

(C) Kapok Tree Diplomacy. 2010. All rights reserved. Jeff Dwiggins. FREE CONTENT

Diehl lays out five dimensions of peace building which are applicable to the situation in the sense that CBM’s can be a significant component of peace building activities.  Diehl’s dimensions are (1) the goal; (2) the strategy and activities; (3) the timing; (4) the context; and (5) the actors who will bring it about (8-11).

Applying Diehl’s “broader context” we could also say that conflict resolution – the elimination of the “willingness of parties to use violence” (9) – is a fundamental goal to achieving a lasting, sustainable peace. The StimsonCenter specifies communication, constraint, transparency and verification measures as primary CBM tools that could conceivably be used within these five dimensons of peacebuilding (2010). Which ones would be feasible or effective? It depends on the peace building dimensions.

The context, goal and actors primarily drive the strategy. The timing is important but secondary given the length of this particular conflict. The context of Israel/Palestine situation differs significantly from the US/Russia Cold War example, while being more similar to the India/Pakistan example in some respects.

The posts, views and opinions expressed on this site are completely my own and do not represent the views or opinions of the Department of Defense (DoD), the Department of the Navy (DON) or any of the Armed Forces. Read more

Zero Problems – Enhancing Security and Preventing Conflict in Turkey’s Evolving Partnerships with the European Union, United States, Middle East, Russia and Eurasia

February 14, 2013 International Relations, Paid Content, Prevent/Contain Intl. Conflicts, Uncategorized No comments

“Zero Problems – Enhancing Security and Preventing Conflict in Turkey’s Evolving Partnerships with the European Union, United States, Middle East, Russia and Eurasia” by Kapok Tree Diplomacy

FREE PREVIEW

The Last Word on Justice: The Impact of the International Criminal Court On the Future of International Justice and its Rocky Road to Legitimacy

February 10, 2013 International Relations, Intl Law, Paid Content No comments

“The Last Word on Justice: The Impact of the International Criminal Court On the Future of International Justice and its Rocky Road to Legitimacy” by Kapok Tree Diplomacy

PREVIEW      Written in August 2010

Section One – History, Structure and Mandate of the ICC

Background.  The United States has supported bringing human rights violators to justice for many decades. After World War I, the Allies charged Kaiser Wilhelm II of Germany in the Versailles Treaty with “a supreme offense against international morality and the sanctity of treaties,” a first in holding a head of state accountable for his actions (Feinstein & Lindberg 23). The Nuremberg and Far East tribunals affirmed “individual culpability for crimes against peace” following World War II by indicting several senior officials in a multinational setting (Fletcher 235).  The UN General Assembly subsequently charged the International Law Commission (ILC) in 1948 with drafting a statute for an international criminal court (Murphy 4). Read more

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