Star Wars: The Legality of Vader’s Boarding Parties

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May 4, 2017

It’s May the 4th, which means that all Star Wars fans are morally bound to immerse themselves in the galaxy far, far away for an entire 24 hours. The Legal Geeks is no exception, so let’s turn our attention to the ultimate symbol of power and general bad-assery in the universe: Darth Vader. As the perennial winner of the “Best Star Wars Character with a Breathing Problem” category (sorry, General Grievous), Lord Vader is a shining example of the Galactic Empire’s might and menace. However, despite his general awesomeness, he is not quite the best example of how to do pretty much anything legally.

Vader has no time for silly concepts like proper interrogation techniques or the due process of law.

One might argue Vader’s effectiveness is fueled by his penchant for taking action. He doesn’t take time to discuss things as a committee; he simply fires up his lightsaber and goes to work. Vader possessed that trait long before he donned the iconic armor—after all, Yoda could count on one of his three-fingered hands the number of times Anakin mindfully planned something out with an eye towards possible consequences.

One of his boldest gambles was chasing down and boarding Princess Leia’s ship at the beginning of A New Hope. Vader’s pursuit, capture, and boarding of the ship are undoubtedly some of the most iconic scenes in all of film. While Vader’s tactics were certainly decisive, were they legal?

You may not have realized it at the time, but some of the first lines in A New Hope allude to some very real legal issues that Vader created by capturing and boarding Leia’s ship, the Tantive IV.

Princess Leia and Captain Antilles (may his crumpled body rest in peace) are not just delivering catchy lines in those opening scenes. Their comments to Vader touch upon some very real laws. Unfortunately, even though there are actual laws governing outer space, those laws have not quite advanced to the point of dealing with conflict between manned space ships. Fortunately for us, there is an entire collection of international and domestic laws that govern civilian and military naval operations. That body of law provides an excellent framework for judging Vader.

When confronted by Vader, both Captain Antilles and Leia immediately tout the ship’s diplomatic status. Prior to A New Hope, Princess Leia took very careful steps to protect the Tantive IV’s status as a diplomatic vessel. The ship itself belonged to the House of Organa on Alderaan, making it a vessel of state. Its hull was marked with distinctive scarlet stripes, which were the standard galactic marker for diplomatic ships. Leia routinely used the ship to ferry her on diplomatic missions related to her service in the Imperial Senate.

You can’t see it, but the Tantive IV sports a bumper sticker that says “DEFINITELY NO REBEL TRAITORS IN HERE.”

There is a very good legal reason behind all of those actions. As a matter of customary international law, all vessels that are owned or operated by a state and used only for government service are entitled to sovereign immunity. As an official governmental vessel of Alderaan, a sovereign planet, the Tantive IV would enjoy sovereign immunity so long as it was used for government service. This is why Leia was especially cautious when using the Tantive IV for missions related to the Rebellion—because doing so would risk the ship’s immunity.

That immunity was of critical importance because of the protections that come along with it. Under international law, any vessel that has sovereign immunity cannot be arrested or searched, whether sailing in national or international waters. Additionally, that privilege protects the identity of personnel, stores, weapons, or other property on board the vessel. Given those substantial legal protections, you don’t have to be Yoda to understand how important it was for Leia to maintain her ship’s immunity. She was free to operate the ship without fear that Imperials would stop and board. Similarly, she could transport important personnel, weapons, and other material (*cough cough* Death Star plans) under the same umbrella of protection—so long as secrecy was maintained.

In the real world, both the U.S. Navy and Coast Guard adhere to the law surrounding sovereign immunity. The protection is taken very seriously and any decision to stop and board foreign vessels is made with the utmost care. Under normal circumstances, Darth Vader would have violated a serious tenet of international law if he had stopped and boarded Leia’s ship on a whim.

Obscure International Law 101: Any ship deemed to be “flying casual” is also immune from search and seizure.

Darth Vader made it clear that he seized the vessel because he believed it had received the Death Star plans from Rebel agents. Fans were left to wonder what sort of intelligence Vader was acting on when he chased down the Tantive IV—after all, Leia’s incredulous reaction certainly made it seem as if he had gone out on a limb.

Rogue One filled in that story gap and we now know that Vader personally witnessed the Tantive IV and its crew escape with the plans to the Empire’s prized battle station. This new chapter in the saga greatly weakens Leia’s legal position. Sovereign immunity is not an absolute right. State vessels risk losing those protections if they violate the law, which means they can then be stopped, boarded, and searched.

The act of intercepting a vessel at sea is known as a “maritime interception operation.” Maritime interception operations can include stopping, boarding, searching, and even seizing cargo from a vessel. There are a number of legal bases to conduct interception operations, including a state’s need to protect its forces and antiterrorism operations.

States can legally conduct maritime interception operations pursuant to international law in self-defense to protect its forces. Naval commanders have an inherent right and an obligation to defend their units and other nearby friendly forces from hostile acts or hostile intent. That means that a commander may stop and board another vessel if necessary in self-defense.

During the Battle of Scarif at the end of Rogue One, Rebel forces openly attacked a major Imperial facility and made off with critical classified intelligence. Darth Vader’s Star Destroyer exited hyperspace to a chaotic scene in which Alliance warships were still in open combat. Under the circumstances, Vader had ample reason to exercise the inherent right to self-defense and attack the Rebel fleet.

The Rebel flagship, The Profundity, presented the biggest threat, which meant that Vader could legally disable and seize the vessel. Even though his Star Destroyer made short work of disabling The Profundity, the Rebel flagship still housed enemy personnel and weapons, which presented a threat to Imperial forces. The theft of the Death Star plans also presented a threat to Imperial forces that arguably triggered the need to act in self-defense. The plans were critical classified information that, if exploited, could endanger the lives of millions of Imperials aboard the battle station. Given the Rebels’ evasive abilities, it was imperative that the plans be recovered as quickly as possible. Vader thus had sound legal footing to disable and board the Rebel flagship.

Vader prepares to defend himself against vicious and threatening Rebel terrorists.

In spite of Leia’s outrage at the start of A New Hope, Darth Vader was also on solid legal footing when he captured and boarded her ship. Even though Leia and her crew did not actively participate in combat above Scarif, their actions still forfeited the ship’s sovereign immunity.

Vessels can be legally intercepted if they take part in acts of terrorism. The 1988 United Nations Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA) established a legal framework governing acts of violence against ships. The SUA convention happened in response to the 1986 hijacking of an Italian cruise ship, the Achille Lauro, in which an American tourist was killed. In 2005, major amendments were made to the SUA treaty in order to combat terrorism. Under SUA, a ship can be stopped, seized, and boarded if it has committed or taken part in terrorist acts, even if there is no need to do so in self-defense.

The Empire generally regarded the Rebel Alliance as a terrorist organization, which means the attack at Scarif would have been characterized as a major terrorist act. Darth Vader had absolute proof that Leia’s ship was involved in the attack, as he witnessed Leia’s ship receive the Death Star plans before narrowly escaping. After Vader caught up to the Tantive IV above Tatooine, there was no real need to stop the ship in self-defense. After all, Leia’s diminutive corvette posed little threat to Vader’s colossal Star Destroyer. However, Vader was legally justified to stop and board the Tantive IV because of its participation in a terrorist act.

Don’t you go lying to your father like that, General Organa. You’ll find yourself grounded aboard the Death Star.

The fact that Leia’s ship was branded as a Rebel vessel is also problematic for her. When Leia incredulously accuses Vader of boarding a diplomatic ship, he declares that she is part of the Rebel Alliance. This hints at a critical aspect of the law. Under international law, vessels that are not legitimately registered in any one nation are known as “stateless vessels.” They are not entitled to sovereign immunity and may be boarded by warships or other governmental vessels. Once Leia’s ship was declared part of a stateless terrorist organization, it lost its diplomatic protections. That is why it was so important for Leia to mask the ship’s participation in Rebel operations.

Even though we normally associate Vader with some of the worst war crimes in Star Wars, he actually managed to do things by the book when he stopped and boarded Leia’s ship. Just be sure not to tell him that unless you want to join Admiral Ozzel and Captain Needa in the throat hug club.

Rogue One: The Jedha Ambush & The Law

By

Thomas Harper

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April 4, 2017

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The Empire’s vile use of the Death Star, enslavement of entire worlds, and wrinkly psychopathic ruler generally don’t make for good examples when it comes to abiding by the law of war. Nevertheless, just like a broken clock, the Empire occasionally gets things right when it fights. The Jedha City ambush scene from Rogue One is one of those instances where the Empire doesn’t royally screw things up from a legal perspective. With Rogue One’s release on Blu-Ray and DVD today, it’s a perfect time to break down one of the best scenes in the movie and take away some lessons about how the law of armed conflict impacts military operations.

Even if you haven’t watched Rogue One in a while (if that’s the case, you should immediately cease reading this article and go rectify that travesty), you probably remember the scene we’re talking about. Cassian Andor and Jyn Erso are on Jedha in search of an Imperial cargo pilot who has defected with possible information about the Empire’s new top-secret super weapon, the Death Star. They soon find themselves caught in the middle of a major firefight, as Saw Gerrera’s insurgent forces ambush an Imperial patrol. Heavy fighting and general on-screen awesomeness then ensues.

Anakin would have to wait to have his fun until later in the movie when a bunch of Rebel troopers got to see a real lightsaber up close and personal.

Pre-Ambush

Gather ’round and let the sweet sounds of Imperial propaganda fill your ears.

The Jedha ambush scene begins with a pretty routine Imperial operation. A squad of stormtroopers escorts an Imperial “occupier” assault tank, which is transporting a number of kyber crystals. Of course, the Imperials do so with typical flare, using a loud-speaker to broadcast a message touting the moral high ground the Empire supposedly occupied. There is nothing unlawful about the Imperials’ use of the loudspeaker.

Psychological operations, which are commonly known by the shorthand “PSYOPS,” can be legal in various forms. PSYOPS have been around in one form or another for nearly the entire history of warfare, ranging from leaflets to loudspeaker messages and beyond. They are often a highly effective non-lethal way to affect enemy morale or sway civilian attitudes. For example, U.S. forces dropped over 29 million leaflets to Iraqi forces during the first Gulf War in the early 1990s. The leaflets portrayed the futility of resistance, the inevitability of their defeat, and placed blame on Saddam Hussein. After the war, 88% of Iraqi forces said they believed the messages and roughly 70% said the leaflets affected their decision to surrender. Thus, if the Imperials had Judge Advocates within their ranks, they would have raised no issue about using a loudspeaker to broadcast PSYOPS messages to the denizens of Jedha.

As the convoy enters a small plaza, the ambush is already in motion, unbeknownst to the patrol. Saw Gerrera’s insurgents employ spotting techniques from several vantage points, observing and communicating information about the patrol.

Their actions constitute what is known as “hostile intent.” Hostile intent is the threat of imminent use of force against friendly forces. Although Gerrera’s men were disguised as civilians, their spotting effectively reveals their status as combatants, making them lawful targets. Spotting is considered a demonstration of hostile intent because of its purpose: to gather information about the enemy and facilitate attacks. It is a tactic often used by fighters to gather intelligence on enemy forces. Spotting is also commonly used in ambushes, where a spotter will relay information designed to precisely time the attack. The act of spotting is therefore a precursor to the use of force.

That is exactly what Saw’s forces are doing in this scene as they rapidly relay information to coordinate multiple prongs of their ambush. Therefore, the Imperials would not have to wait to be fired upon before attacking. Had they realized what was happening, they could have lawfully fired on the spotters even before the insurgents attacked.

The Ambush Begins

TK-255 and the Terrible, Horrible, No Good, Very Bad Day

Saw’s forces trigger the ambush with a grenade that is meant to surprise and confuse the Imperial patrol. The misdirection works, causing the stormtroopers to be preoccupied with locating the grenade’s source. Saw’s men seize the advantage, opening fire from all directions.

The insurgents’ deceptive tactic initially works well, as they inflict many casualties before the stormtroopers and tank can react. At this point, Saw’s men were committing hostile acts—attacks or other uses of force against friendly forces. The insurgents’ hostile acts make them lawful targets.

The patrol is within its legal right to fight back against the insurgents. Commanders retain the inherent right and obligation to exercise self-defense of their units in response to hostile acts. This also means that individual unit members retain the right to defend themselves and other members of the unit. Here, that means that each stormtrooper can use deadly force to defend themselves and other members of the unit. The Imperials in the patrol do just that, returning fire with blasters and the tank.

However, self-defense does not give soldiers a blank check to use unlimited force. Even in chaotic circumstances, the core principles of the law of armed conflict remain in effect. That includes the requirement to distinguish between civilians and military targets. To their credit, the Imperials maintain their discipline by focusing fire on the insurgents. While civilians are caught in the fray, Imperial troops distinguish their targets by returning fire on insurgent positions and not firing wildly all over the plaza.

Someone isn’t getting their security deposit back…

Additionally, the law of armed conflict requires military units to use proportional force in self-defense. That means the nature, duration, and scope of the force should be no more than is necessary to decisively counter the hostile act. This concept does not mean that the stormtroopers on Jedha could only return fire with blasters and grenades. The use of the tank to level the tower was lawful because of how the tower was being used. The patrol was taking heavy fire from insurgents in the tower, which provided excellent cover and concealment for Gerrera’s forces. The Imperials were therefore within their legal authority to fire on the tower with the tank, thereby quickly ending the insurgents’ strategic advantage.

Reinforcements Arrive

If only Saw Gerrera had recruited a few ewoks to fight on Jedha…

As the fighting raged on, the Imperials were eventually reinforced with more troops and an AT-ST. In the real world, the U.S. military coordinates combat operations on different levels. Tactical Operations Centers (TOCs) and Joint Operations Centers (JOCs) are used to ease that sort of coordination. Generally, TOCs and JOCs are the place where a commander plans, monitors, and directs tactical operations. TOCs and JOCs range from a group of connected tents to larger rooms that resemble a NASA mission control center.

TOCs and JOCs also play a key role in overseeing combat operations. For example, the JOC might display a live video feed from a drone that is providing surveillance for a convoy below. If that convoy gets attacked, the JOC will likely coordinate or direct close air support from nearby fighter jets. Judge Advocates are usually in TOCs and JOCs, advising commanders on the law of war every step of the way.

We see the effects of that sort of battlefield coordination on Jedha. As the ambush unfolded, the Imperial patrol would radio up to the TOC or JOC, which was likely housed inside the Star Destroyer looming over the city. The patrol would have reported “troops in contact,” or TIC. Declaring a TIC, as the practice is known, is an alert that friendly forces are engaged in combat. A TIC often triggers the rapid coordination of reinforcements and combat assets, such as close air support.

The concept of unit defense comes into play in situations like this one. Unit self-defense allows friendly forces to come to the defense of another unit. In the real world, that might occur when Apache attack helicopters provide air cover for a pinned down group of infantry. Here, Imperial forces lawfully called in support from an AT-ST and more troops to defend the patrol. Some of the stormtroopers from the original patrol were likely in need of medical evacuation and there were still other troops at risk in the immediate vicinity. The reinforcements ultimately had the desired effect, scattering Gerrera’s forces and allowing the Imperials to regroup.

Conclusion

Contrary to their general dastardly reputation, the Imperials actually managed to play by the rules during the Jedha ambush. Imperial haters should have no fear, as it wasn’t too long before Director Krennic and Governor Tarkin made sure everyone on Jedha knew what a real war crime looked like by obliterating Jedha City with the Death Star.

Thrawn’s Web: Were Rebel Forces in Zero Hour a Lawful Target?

By

Thomas Harper

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March 27, 2017

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Cue up those ominous pipe organs from Grand Admiral Thrawn’s theme song, because the Empire’s master tactician finally cornered the Rebellion in Zero Hour, the season finale of Star Wars Rebels. After discovering the Rebel Alliance’s secret base on the planet Atollon, Thrawn swept in with his fleet to crush the Alliance and, in true bad guy style, delivered some dastardly lines to the heroes about their impending doom.

How many times did you practice saying that one in front of the mirror, Grand Admiral?

In Zero Hour, Imperial forces took decisive offensive action against the Rebel fleet and its secret base (as well as a very pissed off Bendu). The episode was truly unique because we have never seen the Imperials launch a large-scale attack against a combined element of the Rebel Alliance in the show.

In the real world, offensive military operations are shaped through careful and deliberate planning. A critical part of that planning process involves making sure that the use of force will be lawful. Since the audience was mercifully spared from any scenes involving the inner workings of the lengthy and arduous military planning process, let’s fill in the gap by analyzing whether Thrawn’s assault was legal.

The nature of the attack really sets the Imperial assault on Atollon apart from other skirmishes in Rebels. Time and again Rebels has shown the Imperials in a reactive stance in which the Rebels attack and the Imperials respond. In those situations, Imperial forces typically rely upon their inherent right to self-defense to justify their use of force. Unlike those scenarios, Thrawn’s assault in Zero Hour is an offensive operation in which the Imperials seize a tactical advantage to surprise and destroy the Alliance. Here, instead of defending themselves from attack, the Imperials are the ones pressing the fight.

Thrawn, the skilled maestro…except instead of violins and trumpets he conducts scathing batteries of turbolasers and legions of deadly ground forces.

One of the central legal issues is whether the Empire could lawfully attack the Rebels, who were not actively engaged in any type of combat at the time. Militaries cannot legally use force against anyone they wish. Under the law of war, force can only be used against those who are considered hostiles or are part of a hostile force. A person or group can be considered “hostile” in one of two ways: By being declared a hostile force or by demonstrating hostility through one’s conduct.

Certain high-level officials have the legal authority to designate (or declare) that a group is a hostile force. Once the proper authority makes that designation, that group is officially called a “declared hostile force.” That status has a serious effect. Declared hostile forces can be lawfully attacked even if they are not openly engaged in hostilities. For example, in World War II, the German Army was declared a hostile force as part of the United States’ declaration of war. That status means that if Americans spotted a group of German soldiers singing kumbaya around a campfire they could attack them, even though the Germans weren’t engaged in combat.

Alternatively, if an person or group is not part of a declared hostile force, they can become a lawful target through certain conduct. If a person or group displays hostile intent or commits a hostile act, they can be lawfully attacked based on that hostile conduct. In other words, if someone’s conduct reveals that they are hostile, they can be lawfully attacked. The Jedha ambush scene in Rogue One is a great example of conduct-based targeting. Before the attack, Saw Gerrera’s fighters were indistinguishable from other civilians milling about in Jedha City. Therefore, Imperial forces had no legal basis to attack them. However, once they started firing on the stormtroopers, they were committing hostile acts—conduct that revealed their status as fighters and legally justified the Imperials’ use of force against them.

In Star Wars Rebels, those in Imperial high command would have almost certainly designated the Rebel Alliance as a declared hostile force by the time of Thrawn’s attack. The Alliance would have given them good cause to do so, having staged numerous significant attacks against the Empire across the galaxy. These attacks meant that the Rebellion was engaged in open hostilities with the stated purpose of overthrowing the Imperial government, which would have justified the designation.

The Empire would have wanted to grant field commanders like Thrawn the tactical flexibility to respond to the growing threat and crush Rebel forces. Labeling the Rebels collectively as a declared hostile force would have done just that, opening the doors for Imperial forces to hunt and destroy without first waiting to observe a hostile act or hostile intent. In Zero Hour, that meant that the Rebel base on Atollon and fleet above it were valid and legal military targets, even though they weren’t actively engaged in any sort of fighting. Having discovered the location of the base, Thrawn was free to bring his tattooed Star Destroyer and the rest of Seventh Fleet to bear on the unsuspecting Rebels.

If sound could carry in space, Thrawn would have ordered the fleet to blast ‘Thunderstruck’ by AC/DC (an orchestral version, of course) as it arrived in orbit above Atollon.

Even if the Empire had not declared the Rebel Alliance to be a hostile force, Thrawn could have still been legally justified to attack based on the Rebels’ actions. To do so, the Rebels would have to display certain conduct in the form of hostile intent or a hostile act. Under the law of war, hostile intent is defined as the threat of imminent use of force against friendly forces.

At the start of Zero Hour, Thrawn reveals that a Rebel attack is indeed imminent. Thrawn first discloses Imperial intelligence reports that a large Rebel attack is coming. Additionally, General Dodonna’s Massassi Group, one of the largest Rebel military cells, was known to be on the move for a rendezvous, which strongly suggested that a coordinated attack was coming. Thrawn surmised that the TIE Defender factory on Lothal was the target, given its location and significance.

Agent Kallus then delivered the final piece of the puzzle, as his intercepted transmission synced with Dodonna’s trajectory to reveal the hidden Rebel base. That last bit of intelligence effectively corroborated the other pieces, thereby establishing that the Rebels were moving to launch their first coordinated multi-cell attack.

Under the circumstances, the Rebel attack on Lothal would have almost certainly been deemed to be an imminent use of force. Phoenix Cell was heavily armed and had a history of combat operations against the Empire. Meanwhile, General Dodonna was a known Rebel military commander flying through hyperspace with a bunch of combat-ready vessels, not some gaggle of cargo freighters. The Rebels ordinarily avoided massing their forces, so the rendezvous of Phoenix Squadron and Massassi Group strongly suggested that an attack was in the works.

Similarly, the impending rendezvous also underscored the imminent nature of the attack. Dodonna’s forces were on the move at the start of the episode, which meant that the Rebels were in the process of marshaling their forces. Given the Rebellion’s aversion to massing their fleet for extended periods, it was highly likely they would spring their attack soon after linking up.

Under the law of war, Thrawn had no obligation to wait and engage the Rebels above Lothal. Once Imperials determined that the Rebels were displaying hostile intent, they were free to move in and use force. Grand Admiral Thrawn did what all tactically proficient commanders should by seizing upon the element of surprise and attacking at a place and time the enemy was not ready. Therefore, the Rebels’ conduct represented hostile intent that justified Thrawn’s attack.

Thrawn’s devastating attack on the Rebels showcased the escalating stakes of war for the Alliance. Although the law of war sets certain boundaries for lawful conduct within a war, it does not guarantee that you get to fight on favorable terms. The Rebellion’s own successes painted an ever-growing target on their backs, fueling the Empire’s desire to burn them out. Fortunately for the Alliance, buffoons like Admiral Konstantine and Admiral Ozzel exist, helping them escape and fight another day.

For his efforts above Atollon, the Empire posthumously honored Admiral Konstantine by granting him the glory of naming a trash compactor inside the Death Star after him.

The New Republic v. Admiral Rae Sloane: The Case Against Star Wars’ Most Wanted War Criminal

By

Thomas Harper

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February 18, 2017

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For the average Imperial officer, being deemed the “most wanted Imperial war criminal” is pretty low on the list of desirable titles, alongside “Vader Force-choke practice dummy,” “Palpatine dental hygienist,” and “airlock tester.” In the newest Star Wars novel, Aftermath: Empire’s End, the hunt is on for Admiral Sloane, who has just been given that ignominious label by the New Republic (formerly the Rebel Alliance). Sloane’s characterization as a war criminal begs the question: what case does the New Republic have against her?

WARNING: MAJOR SPOILERS BELOW FOR BOTH STAR WARS AFTERMATH & AFTERMATH: LIFE DEBT.

**Rae Sloane, Aftermath, & Life Debt: A Quick Primer**

Lend your ear to Papa Palpatine to get yourself up to speed on things.

Before we dive into the case against Admiral Sloane, it’s probably wise to catch everyone up who isn’t familiar with her character or the Aftermath trilogy of books. Author Chuck Wendig’s Aftermath trilogy follows the struggle between the fledgling New Republic (NR) and remaining Imperial forces following Return of the Jedi. The first novel, Aftermath, was released in late 2015 and was followed by Life Debt in July 2016. The trilogy’s final chapter, Empire’s End, will hit bookshelves on February 21st.

Our resident *alleged* war criminal, Rae Sloane is one of the major figures in the trilogy. Sloane was first introduced in the 2014 novel A New Dawn, and has made appearances throughout new canon material, including in Marvel’s Kanan comic series. Sloane, an unwaveringly loyal career Imperial officer, ascended the ranks to eventually command the Star Destroyer Vigilance during the Battle of Endor. Sloane survived the battle, emerging as one of the Empire’s last truly capable officers. In the wake of Endor, Sloane worked to rally the largest contingent of remaining Imperial forces under her command, becoming the new face of the Empire.

While Admiral Sloane is no tyrant or fanatical lunatic, a sequence of events in Life Debt end up painting a target squarely on her back. As the apparent commander of remaining Imperial forces, Sloane requests peace talks with the NR. The NR leaders agree to the meeting, seeing it as an opportunity to finally end the bloody conflict. In reality, the talks are intended as a ruse as the Empire launches an attack on the NR capital world of Chandrila. While Sloane knows that the peace talks are a sham, she does not know the full details of the attack plan, which was devised by a mysterious Imperial named Gallius Rax.

The peace talks coincide with a grand celebration on Chandrila commemorating the recent liberation of dozens of Rebel prisoners from a vile Imperial black site prison. Admiral Sloane travels to Chandrila and watches the celebration with Mon Mothma and other Rebel leaders, expecting the Imperial fleet to appear and unleash hell at any moment.

Instead, the former prisoners suddenly draw blasters and begin firing on civilians and Rebel leaders, including Mon Mothma. Admiral Sloane is caught off-guard by the method of attack, having expected a conventional military assault. As chaos erupts, she flees and battles with Norra Wexley, a NR pilot and central character who tries to capture her. Sloane manages to escape, escaping the planet in a cargo ship. In an ensuing investigation, the NR discovers that the former prisoners each had small biological implants that caused them to attack on command. The investigation revealed that an undercover Imperial agent on Chandrila had supplied concealable blasters to the prisoners and then triggered the prisoners’ implants, sparking the ambush.

The NR concludes that Sloane was involved in the ambush, which quickly earns her the vaunted title of most wanted Imperial war criminal.

Have you been the victim of an Imperial mind control biotech device? You may be entitled to compensation! Call 1-800-WE-SUE-IMPS today!

War Crimes 101

Before we go and put the hovercart before the bantha, lets take a look at what is meant by the term “war crime.” The law of war sets forth a mixture of rules, requirements, and prohibitions that collectively govern how war is waged. Those rules help set the boundary between lawful and unlawful acts on the battlefield. Think of them like the instructions on the inside of a board game box that tell you how to play the game. The U.S. Army’s Field Manual 27-10, which covers the law of warfare, defines war crimes as violations of the law of war by military or civilian persons. In other words, if you break one of the rules, it can be considered a war crime.

However, not every act by the enemy on the battlefield is considered a war crime. Merely fighting as part of the enemy force does not automatically make you a war criminal. Instead, you have to violate the law of war in some fashion to commit a war crime. For example, if Admiral Sloane ordered the Vigilance to unleash its turbolasers and engage the Rebel fleet at Endor, that order would not, by itself, make her a war criminal. She would be lawfully fighting the enemy and defending her ship. On the other hand, as we’ve seen before, Tarkin’s use of the Death Star to obliterate a planet full of civilians on Alderaan would cross the line and be considered a war crime.

With that in mind, the NR isn’t hunting Admiral Sloane as a war criminal simply because she fights for the Empire. Instead, she is pursued for her role in the ambush on Chandrila, which was an attack fraught with potential law of war violations.

Faking the Truce

Who knew that your favorite protocol droid was actually a dastardly war criminal?

If the NR captured NR and put her before a war crimes tribunal, prosecutors would lead off the charges with an accusation that she improperly used a flag of truce. Flags of truce are used as a way to ask to talk to the enemy, usually to negotiate surrender or to arrange some other end to fighting—think of someone waving a white flag and you’re on the right track. Using a flag of surrender or truce to gain some sort of military advantage has long been recognized as a violation of the law of war. The Army’s Field Manual 27-10 lists it as a customary war crime, while Article 8 of the International Criminal Court’s Rome Statute recognizes it as a serious breach of the law of war. Violating this rule is taken so seriously because it is a measure that helps bring an end conflicts. When a flag of truce is abused, especially to spring a sneak attack, opponents rapidly lose trust, which inevitably drags out the conflict.

Admiral Sloane would undoubtedly be accused of using the peace talks on Chandrila as a thinly veiled feint designed to help the Empire’s ambush succeed. Sloane’s communication to the NR about peace talks would be a prime prosecution exhibit. In the communication, Sloane asks to hold peace talks at the NR capital on Chandrila. Although Sloane did not formally wave around any sort of flag, her request made directly to NR leadership has the same effect.

That same communication would also be valuable evidence for other reasons. In it, Sloane claimed to be responsible for leaking the NR many pieces of highly valuable intelligence that led to some of their largest victories after Endor. Sloane explained that the leaks were intended to eliminate competition and shore up her position within the Empire. Sloane also specifically requested minimal security for the peace talks as a measure of good faith. NR witnesses, including Leia, would testify that Sloane’s posturing made them believe that her offer of truce was genuine. Sloane’s posturing as a Grand Admiral and her assertion about the intelligence leaks seemingly confirmed NR suspicions that she was in command of the largest remaining chunk of Imperial forces. This led NR leaders to believe that Sloane both possessed significant power and authority to legitimately offer peace talks.

Everyone knows that Neimoidians make the best space lawyers…and not just because they bring droidekas to court.

While there is clear proof Sloane requested the peace talks, the NR would have a harder time proving that she intended to improperly use the peace talks to set up the ambush. Just as with other crimes, most violations of the law of war require proof of a guilty state of mind, otherwise known as mens rea. Here, it wouldn’t be enough to simply prove that Admiral Sloane requested peace talks prior to the ambush. Prosecutors would have to go further and prove that she intended to falsely request the peace talks.

The NR lacks any sort of powerful direct evidence, such as a confession, to prove that Sloane falsely made the truce request. Instead, they would have to rely on several pieces of circumstantial evidence to make their case. The NR would first point to the tacit link between Sloane and the undercover Imperial agent who triggered the ambush. They would argue that Sloane, as a Grand Admiral and leader of Imperial forces would have logically had knowledge of such a complex and brazen attack.

To support that inference, prosecutors would argue that Sloane used the prospect of a truce to bring NR leadership together. The resulting concentration of high-ranking personnel made for an easier attack. The short time between Sloane’s arrival and the attack would serve as proof that the talks were merely a means to facilitate the attack, as her arrival was arguably the trigger point that brought the intended targets together.

Moreover, Sloane arguably demonstrated her criminal mindset during her escape from Chandrila. Norra Wexley, the NR pilot who chased Sloane, would be a critical witness to this point. Her visible injuries sustained in fierce hand-to-hand combat with Sloane would tell a powerful tale of just how desperate Sloane was to escape the planet. Prosecutors would point out that Sloane would not have run, fought, and stolen a shuttle to escape off world if she had truly come for legitimate peace talks. Using that lattice of circumstantial evidence, prosecutors would contend that Sloane’s sole intent behind organizing the peace talks was to set the conditions for a successful ambush. She therefore should be held criminally liable for improperly using a flag of truce.

Targeting Civilians

Palpatine’s loose adherence to the law of war would eventually get him thrown down the reactor shaft of his own Death Star.

The NR would also likely accuse Admiral Sloane of unlawfully and intentionally targeting civilians, including Mon Mothma. Under the law of war, it is unlawful to target or kill civilians who are not taking part in hostilities. Much like using a false flag of truce, the act of intentionally directing attacks against civilians is a serious breach of the law of war that can be severely punished. Given the overriding international desire to protect innocent noncombatants, this is among the most important restrictions in all of international law.

In Sloane’s case, the NR would introduce eyewitness testimony, holorecordings, and other similar evidence to show that scores of civilians, including Mon Mothma, were intentionally targeted in the attack. Footage of Mon Montha and other Chandrilans being shot at point-blank range would serve as a powerful testament to the innocent blood shed that day. However, since Admiral Sloane did not personally fire on any civilians, the real challenge for the NR would be to establish that she should be held criminally liable for the ambush.

The concept of holding commanders liable for the crimes of their subordinates is not new. In the 15th century, Peter Von Hagenbach was held criminally responsible for the acts of his soldiers, who pillaged villages and murdered civilians in Germany. While commanders can certainly be prosecuted for the crimes of their subordinates, that liability has limits. If a commander was not directly involved in a war crime, he must have been derelict in a way that contributed to or failed to prevent the offense to be held responsible. In other words, there must be some linkage between the commander and the crimes.

Following World War II, Japanese General Tomoyuki Yamashita was convicted for war crimes committed by his Soldiers throughout the Philippines. General Yamashita was not directly involved in the war crimes. Nonetheless, the tribunal concluded that the General knew or should have known about the crimes, given how widespread they were. That connection was enough to hold him responsible for the crimes of his soldiers since he did nothing to stop them. The Geneva Conventions later attempted to establish a firm standard in this area, requiring that a commander “knew, or had information which should have enabled them to conclude” that war crimes were being committed and failed to take measures to stop them.

Since Admiral Sloane did not pull the trigger on any civilian, the NR would be forced to prove that she knew or should have known that innocent civilians would be targeted in the attack. Just like above, the NR faces several gaps in evidence that present a challenge. There is no concrete proof of a direct link between Admiral Sloane and the undercover Imperial agent who triggered the ambush. The NR uncovered no communications between the two and the agent did not confess to taking any orders from Sloane. The NR would be forced to once again rely upon pieces of interlocking circumstantial evidence to prove its case.

Prosecutors would readily use Sloane’s position as Grand Admiral and her self-admitted intelligence leaks to the NR against her. Both serve as evidence of her intimate knowledge of the Empire’s operations and her access to critical information. They would argue that Sloane’s position and access to operational knowledge gave her ample means and opportunity to know about the ambush.

Prosecutors would underscore that argument by hammering upon the timing of Sloane’s visit to Chandrila. Those close timing of Sloane’s “peace talks” and the ambush would be portrayed as a closely coordinated plan, not some mere coincidence. Similarly, Sloane’s role in setting up the talks to draw in NR leadership would also be cast as proof of her intent for the ambush to target civilians such as Mon Mothma. Sloane’s presence on the ground would be attributed to the need to sell the genuineness of the peace talks. Her unwavering loyalty to the Empire and hatred of the Rebellion would be sold as the fuel for her motive a to personally oversee and witness the crippling ambush. Prosecutors would paint the picture that Admiral Sloane intended to carry out a decapitating strike against NR civilian leadership and citizens in the heart of their territory in a desperate attempt to turn the tide of war.

As a result, the NR would have a strong circumstantial case that Admiral Sloane knew that civilians would be intentionally targeted in the ambush and should be held criminally liable.

The moment when you realize hiring Threepio as your defense counsel was a terrible mistake.

For Admiral Sloane, the prospect of having everything she worked to achieve twisted around to prove her guilt is reason enough for to keep running. Since Sloane’s star defense witness also happens to be the same shadowy Imperial who set her up to take the fall on Chandrila, the odds that she’ll turn herself in and trust in the New Republic judicial system are approximately 3,720 to 1. In the end, all this talk of a possible Star Wars war crimes tribunal makes the legal geek in me wish Empire’s End would be one big Star Wars legal thriller, complete with Mr. Bones as the wacky (and slightly maniacal) bailiff:

“ALL RISE OR PREPARE TO BE EVISCERATED!”

A fan can dream, right?

Data Security Lessons from Rogue One

By

Josh Gilliland

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January 19, 2017

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How was the Empire’s data security on Scarif? Privacy attorney Jack Yang joined me at Illusive Comics to geek out over Star Wars, discuss Rogue One, how the Doctrine of Fear did not encourage effective information security best practices, and the legal issues with Bring Your Own Droid to work policies.

Deep in discussion on Star Wars, data privacy, and Black Series action figures.

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How Much Prison Time Did Jyn Erso Have to Serve at Wobani Imperial Labor Camp?

By

Josh Gilliland

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January 9, 2017

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Jyn Erso was introduced in Rogue One trailer with a list of offenses that resulted in her being sentenced to hard labor by the Empire. How much prison time should she have served if in the United States? How much time would she have added for her escape from the Wobani Imperial Labor Camp?

Jyn’s first offense was Forgery of Imperial documents. In California, that would have been one year in prison. Pen. Code, § 473. If the document was an Imperial document akin to a passport that was then used for terrorism, the prison term would have been for 25 years. 18 U.S.C. § 1543.

Erso’s second offense was for possession of stolen property, which could have a prison term of 20 years. 18 U.S.C. app. § 2B1.1.

The offense of aggravated assault could have a term of at least 14 years. 18 U.S.C. app. § 2A2.2. Additional years can be added based upon injuries the victim had, such as another five years for “serious bodily injury.” 18 U.S.C. app. § 2A2.2(b)(B).

Jyn’s charge of resisting arrest could have included a sentence of two, three, or four years, depending on if she used a deadly weapon to resist, if the Empire had laws similar to California. CA Pen. Code, § 417.8.

Jyn’s escape from Wobani would result in a fine and/or an additional five year sentence. 18 U.S.C.S. § 751. Jyn’s prison term could have been 25 years to 69 years, if the Empire had a similar legal system, depending the amount of time sentenced, and if sentences ran concurrently or consecutively. That would be more time than Obi Wan Kenobi spent on Tatooine and Luke Skywalker on Ahch-To combined, if Jyn had the maximum sentence.

Let’s Talk About Cassian Murdering Those Dudes

By

Josh Gilliland

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January 3, 2017

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The universe was introduced to Cassian Andor in Rogue One murdering an informant named Tivik, so the Empire would not capture the informant. Tivik had in injured arm, which disabled him from climbing to safety from closing Imperial Stormtroopers. If Tivik had been captured, much of the Rebel plans would have been exposed to find Jyn Erso.

Cassian’s actions are highly problematic legally (let alone morally). First, Cassian killed Stormtroopers who asked for his identification. The Stormtroopers only asked for Cassian’s identification, which is highly difficult to justify the use of lethal force as a response. However, the Stormtroopers did not have reasonable suspicion to stop Cassian, as he was not apparently breaking any laws. Perhaps Cassian could have reasonably believed his life was in danger based on past actions of Imperial Stormtroopers, but this would still push self-defense laws well past the norm.

Tivik posed no direct threat to Cassian’s life. Killing Tivik would meet the legal definition of murder, because Cassian killed Tivik with malice aforethought, because there was an “intent-to-kill.”

Tivik had knowledge that could have been fatal to the Rebellion. If the Empire had learned of Galen Erso’s actions, or the existence of Jyn Erso, the Rebels would not have been able to develop a plan to find Jyn and ultimately the Death Star plans. Unfortunately for Cassian, the necessity defense does not cover killing people.

The street fight on Jedha witnessed Cassian shooting one of Saw Gerrera’s “extreme rebels.” Gerrera’s freedom fighter had an explosive device that objectively looked like he was going to throw the explosive at the disabled hover tank. As Jyn Erso was hiding by the tank to protect herself from the fire between Gerrera’s men and Stormtroopers, Cassian could argue he killed Gerrera’s soldier in order to protect Jyn from being killed.