Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Andrew MacKie-Mason on Can't the Supreme Court Just Say No to Cameras?

    • Joe on Employment Division v. Smith is Wrong

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • Joe on Employment Division v. Smith is Wrong

    • Joe on Super En Banc in the Ninth Circuit

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • G. Calamita on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Joe on Super En Banc in the Ninth Circuit

    • Howard Wasserman on Can't the Supreme Court Just Say No to Cameras?

    • Gerard Magliocca on Super En Banc in the Ninth Circuit

    • Mike on Super En Banc in the Ninth Circuit

    • Ben on Lifecycles and the Firm

    • Samir Chopra on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Chris Berry on Who Gets to Keep Trover?

    • Prof. W. Matias on Introducing Guest Blogger andré douglas pond cummings
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Veterans Day, World War I, Land Mine Legacy

posted by Deven Desai

Mines_warning_sign.jpgToday is Veterans Day. The day started as a way to honor the end of World War I and those who fought in it and now honors all veterans. World War I ended almost 90 years ago. Nonetheless, as NPR reports people in France still encounter unexploded, active mines some with mustard gas and sometimes deminers die trying to remove the dangers. The story focuses on the Western Front. People living in the area near places like where the Battle of the Somme occurred still find remnants of the war: “There’s not many places you can’t walk out … and pick up old rifles, munitions, shells of all types, grenades, [and] bodies. Sadly, we’re still digging up a lot of bodies.” Perhaps most amazing is the following:

“About 1.5 billion shells were fired during the war here on the Western Front. Colin and his colleagues bring in between 50,000 and 75,000 tons of them a year. At that rate, they’ll have enough work to keep them busy for the next 500 years.”

Using the law to limit the effects of war poses odd questions. The idea of a law of war that seeks to have humanitarian limits on conflict can appear oxymoronic. Still, considering the lasting effect of World War I in just one area, the idea behind the U.N. efforts and treaties to eliminate old mines and end the use of them in the future offers the possibility that if conflict occurs societies can try and maintain some semblance of mitigating effects on civilians.

Given the use of homemade mines in Iraq and the possibility that the United States will face similar encounters in the future the United States’ position on mines is ironic.

image source and license information: wikicommons


In 1997 the United States moved towards a ban the U.S. military using anti-personnel mines with “15 retired generals and admirals, including Army General Norman Schwarkopf, U.S. commander in the Persian Gulf, and Air Force General David Jones, a former chairman of the Joint Chiefs of Staff” stating “Given the wide range of weaponry available to military forces today, anti-personnel land mines are not essential.” President Clinton did not sign the 1997 treaty but “set in motion a policy aimed at bringing the country into broad compliance by 2006.” In 2004, however, President Bush moved away from that policy and endorsed the use of mines that can be automatically disabled as well as asserting that any other mine should not be used for anti-personnel or anti-vehicle purposes.

Although the U.S. policy goes to the heart of the issue at one level – protecting civilians from left-over mines (the U.S. also spends a large sum on helping eliminate old mines) – few have the technology for the automatically disabling mines. A mine policy that allows only some to use special ones may not have the same force as saying no one should use mines at all and as a New York Times piece put it may give “an American imprimatur on the ongoing use of land mines.”


 November 11, 2007 at 12:39 pm   Posted in: Uncategorized   Print This Post Print This Post

Responses (3)

  1. Thaddeus Hoffmeister - November 12, 2007 at 9:31 am

    N. Korea, not Iraq, is the reason the U.S. did not sign the Ottawa convention on land mines. Furthermore, signing Ottawa would not stop insurgents/terrorists/freedom fighters from using land mines in the future. However, signing Ottawa would place a lot of American service members on the DMZ in unnecessary danger.

  2. Maryland Conservatarian - November 12, 2007 at 1:00 pm

    Is Al Qaeda a signatory?

  3. Deven - November 12, 2007 at 1:14 pm

    Thaddeus, You are correct. Korea and the DMZ were reasons behind Clinton’s original position. Note that the administration took an approach that was in line with your thoughts, I think: We will not sign; military find a way to solve the problem; by 2006 we will essentially be in line with the treaty.

    Others who know the details may be able to provide more on the background but that is how the articles seemed to explain the events.

    As for the more general issue Conservatarian and you bring up, I think I need to clarify. First, the amount of left over mines from such an old war is astonishing. Given the harms caused, finding ways to minimize the impact on civilians during and after a war has merit. Second, I see that the post seems to conflate guerilla style war and traditional war. My apologies. The irony I was trying to note is that the treaties do not seem to apply to these situations. The NY Times piece I think captures a different point: even for signatories having the U.S. say use mines but only if they are like ours changes the analysis. Put differently, is the question all mines are bad? Or is it: mines that harm civilians and remain active long after a war are bad?

    In any event, as always thanks to you both for engaging and asking great questions.

    -Deven

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress