Eric Talbot Jensen
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View article: Cyber Due Diligence
Cyber Due Diligence Open
Due diligence—the notion that international law includes a duty to cease and remedy damage that emanates from a State’s territory—has been proposed as an international legal measure to temper destabilizing effects of harm from cyber infras…
View article: World Peace and Gender Equality: Addressing UN Security Council Resolution 1325’s Weaknesses
World Peace and Gender Equality: Addressing UN Security Council Resolution 1325’s Weaknesses Open
The year 2020 marks the twentieth anniversary of the passage of United Nations Security Council Resolution (“UNSCR”) 1325, the most important moment in the United Nations’ efforts to achieve world peace through gender equality. Over the pa…
View article: Due diligence and the U.S. defend forward cyber strategy
Due diligence and the U.S. defend forward cyber strategy Open
The intrusive cyber operations envisioned as part of the U.S. defend forward strategy call for renewed attention to the legal potential for States to operate without consent in other States’ territorial cyber infrastructure. Due diligence—…
View article: Autonomy and Precautions in the Law of Armed Conflict
Autonomy and Precautions in the Law of Armed Conflict Open
Already a controversial topic, legal debate and broader discussions concerning the amount of human control required in the employment of autonomous weapons—including autonomous cyber capabilities—continues. These discussions, particularly …
View article: The Law of Armed Conflict: An Operational Approach (2d Edition)
The Law of Armed Conflict: An Operational Approach (2d Edition) Open
The Law of Armed Conflict: An Operational Approach covers all aspects of the law of armed conflict and explains the important difference between law and policy in regulation of military operations. Each author is a retired U.S. Army office…
View article: The Use of Force and Cyber Countermeasures
The Use of Force and Cyber Countermeasures Open
In a global environment where most unfriendly acts between nations fall below the threshold of a use of force, the doctrine of countermeasures can be an important tool for states. However, in the realm of cyber operations, the rules govern…
View article: Comparing particulate emissions between electronic nicotine delivery devices: context for smoke-free indoor air quality
Comparing particulate emissions between electronic nicotine delivery devices: context for smoke-free indoor air quality Open
Background Smoke-free indoor air policy has been widely adopted in some regions of the United States in order to protect bystanders from the deleterious effects of indoor tobacco smoke exposure; however, similar legislation has widely not …
View article: A Cyber Duty of Due Diligence: Gentle Civilizer or Crude Destabilizer?
A Cyber Duty of Due Diligence: Gentle Civilizer or Crude Destabilizer? Open
I.IntroductionIn the final book of Virgil's epic poem the Aeneid, Latinus, King of Laurentum, delivers a speech to calm his aspirant son-in-law Turnus. Turnus is enraged that his rival Aeneas, cousin to the Iliads Hector, will marry the Ki…
View article: Article 58 and Precautions against the Effects of Attacks in Urban Areas
Article 58 and Precautions against the Effects of Attacks in Urban Areas Open
The conduct of hostilities in urban areas is inherently difficult, particularly with respect to the protection of civilians. International Humanitarian Law places restraints on both attackers and defenders. While much is written about the …
View article: The Tallinn Manual 2.0: Highlights and Insights
The Tallinn Manual 2.0: Highlights and Insights Open
Malicious cyber activities are pervasive in the lives of individuals and in the national security discussions of national governments across the globe. It is rare to have a day pass without some cyber event reaching the national news. Thes…
View article: Shelling in Urban Area: When Does Imprecision Become Indiscriminate?
Shelling in Urban Area: When Does Imprecision Become Indiscriminate? Open
As the urbanization of global populations continues to increase, urban warfare has ever greater impacts on civilians. This reality of modern armed conflict has caused many, including the International Committee of the Red Cross, to questio…
View article: Presidential Pronouncements of Customary International Law as an Alternative to the Senate's Advice and Consent
Presidential Pronouncements of Customary International Law as an Alternative to the Senate's Advice and Consent Open
The Restatement (Fourth) of Foreign Relations Law of the United States has thus far focused on the status of treaties in United States law, and has not specifically considered the topic of customary international law. While the American La…
View article: Future War and the War Powers Resolution
Future War and the War Powers Resolution Open
Since its passage in 1973 over the veto of then-President Nixon, the War Powers Resolution (WPR) has failed in its design to require notification and consultation to Congress by the President. Amidst emerging technologies such as drones, c…
View article: Emerging Technologies and LOAC Signaling
Emerging Technologies and LOAC Signaling Open
As States seek to weaponize new technologies such as robotics, cyber tools and nanotechnology, the current law of armed conflict (LOAC) that guides the employment of existing weapons will signal rules and principles that should guide natio…