Tag Archive for Pakistan

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).

How well do the thoughts and intentions of the Framers of the Constitution on responsibility for national security still hold up today?

February 22, 2013 Free Content, National Security Law No comments

(C) Kapok Tree Diplomacy. Apr 2012. All rights reserved. Jeff Dwiggins

FREE CONTENT

The Framers for their part did have a lot to say about the delineation of powers in these areas. The Constitution is a good place to start in determining how those powers are enumerated and what limits if any apply to them. Madison

The Fourth Amendment to the Constitution says:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (Passed 12/15/1791).

The Fourteenth Amendment to the Constitution says:

“nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (Passed 7/9/1868)

These amendments lay out the case for citizens’ right to privacy and limits on government instrusion in this matter without spelling out what constitutes “unreasonable.” Thus, if the President can save millions of lives by wiretapping a suspected terrorist under FISA, is this “reasonable?” Read more

NATO’s Role and Relevance in Post-Conflict Reconstruction And Challenges in Implementing the Comprehensive Approach

February 18, 2013 International Relations, Paid Content, Prevent/Contain Intl. Conflicts No comments

“NATO’s Role and Relevance in Post-Conflict Reconstruction and Challenges in Implementing the Comprehensive Approach” by Kapok Tree Diplomacy

PREVIEW  to follow. Includes a Table of Contents. Complete essay is 5,821 words, 22 pages double-spaced, 60 references

Section One – NATO – Brief History and Background

Pre Cold War.  Hoehn and Harting note that increasing tensions with the Soviet Union over its Berlin Blockade (1948), China’s “short-lived embrace of Moscow” (5), and Communist incursions in Czechoslovakia and Korea led the United States, Canada and ten other Western European states to form NATO as a defensive alliance and formulate a policy of Soviet “containment” designed to “keep the Americans in, the Russians out, and the Germans down” in April of 1949 (8). Despite occasional disagreements over burden-sharing and a dust-up with France, alliance members “deterred the Soviets, and integrated Germany into a collective defense system for the West” over the next 40 years (Duignan 43), moving from a posture of deterrence to détente in a manner consistent with its values of “democracy, individual liberty and the rule of law” (NATO “Treaty”).

Post Cold War. NATO’s success with facilitating European integration and deterring the Soviet threat was rewarded with the fall of the Berlin Wall (1989) and the dissolution of the Warsaw Pact and Soviet Union in 1991 (Medcalf 196-197), as NATO “found itself without an enemy” for the first time in its history, earning a “bloodless victory … without firing a shot” (Duignan 46, 48). The collapse of the Soviet Union encouraged NATO to enlarge its membership into Eastern Europe (1999) and launch the Partnership for Peace (PfP) for military cooperation and dialogue with non-NATO states (1994) despite lingering doubts regarding NATO’s post-Cold War purpose and identity (Duignan 58). 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

Challenges to Keeping the Peace in International Law

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

(C) Kapok Tree Diplomacy. August 2010. All rights reserved. By Jeff DwigginsInternational-Law flags

Introduction – FREE CONTENT

The need for a “fundamental institutional arrangement not only to address questions of war and peace and human rights but to develop legal norms in other areas, such as labor, health, and communications,” has enticed the vast majority of states to consent at some level to a growing and complex body of rules and norms designed to serve state interests by securing and furthering a peaceful, prosperous and stable society (Dunoff et. al. 16). Today these norms permeate the mission and operations of numerous international institutions like the United Nations, providing peaceful dispute resolution tools in such diverse areas as trade, military operations and human rights.

While most states desire to live in peace with one another and follow the fundamental norms of international law, a few states and some increasingly dangerous non-state actors like Al- Qaeda prefer to do whatever they want. In his Nobel Peace Prize acceptance speech, U.S. President Barack Obama added, “[the] old architecture is buckling under the weight of new threats … wars between nations have increasingly given way to wars within nations. The resurgence of ethnic or sectarian conflicts; the growth of secessionist movements, insurgencies, and failed states; have increasingly trapped civilians in unending chaos” (Obama 51).

This paper will examine what it means to “keep the peace” in an era of the globalization of world politics and unprecedented challenges and threats. The specific challenges to be addressed include nuclear proliferation, military conflict and terrorism, international trade and economic relations, diminishing natural resources, and humanitarian and human dignity issues. The paper will also examine whether existing international institutions and legal doctrines are likely to resolve the issue, and where are they likely to fall short?

The posts, views and opinions expressed in this post 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.

Section One – Nuclear Proliferation

Nuclear weapons are able to do far more than disable enemy combatants. They can destroy entire cities and obliterate entire human populations with one powerful blast.  The international community has developed two important treaties, The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the Comprehensive Test Ban Treaty (CTBT), to limit proliferation of Weapons of Mass Destruction (WMD), encourage disarmament, and preserve peaceful usage of nuclear energy (Dunoff et. al. 532-533).  Although these treaties have substantial ratifications, their effectiveness is severely limited by holdouts and compliance issues.   Read more