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Greetings fellow smashers,
The past thirteen months have been a period of significant growth for the 20XX Hack Pack, and I am here to share with you the latest release of the project, Version 4.06. Aside from the tangible new features, much of this growth has occurred behind the scenes, with smarter and safer programming practices in addition to a deeper understanding of the game engine through reverse engineering; an imperative combination for developing a rich and flexible set of practicing tools for the community. I continuously struggle with finding the perfect "stopping point" for releasing full versions of the Hack Pack, but I am very comfortable with its current state and feel it is time. Please refer to the changelog below for details about the new version.
Before attempting to use the new replay system, I implore you to block off 1.5 hours of your life and watch the extremely low production quality, incredibly informal, unscripted, 9 part, 20XX Hack Pack 4.06 - Save States/Replay Tutorial Playlist. The content quality is high though, so pay attention! It will be well worth your time. The only change relevent to the replay system since the time of those recordings was adding a "Random Hold Last Percent Chance" [to continue the replay] flag in the Debug Menu, rather than a hard-coded value like in the videos.
I am relatively new to the programming world, and just created a Github project, my first ever, for the 20XX Hack Pack. The nature of the "source code" for this project is...strange...compared to higher level languages because it is standalone assembly code being injected into already existing assembly code via manual hex editing (although, I let MCM handle the vast majority of code injection now). I guess the current plan for this Github is to just be a public home for some of my notes. Two main files are uploaded - "SSBM Facts.txt" and "Scratchpad - Achilles.txt" whose names and format were inspired from wParam, the Melee hacker from a decade ago that created the original memory card stack overflow exploit. "SSBM Facts" details some of the structures, flags, ID lists, and other things of that nature used by the game. "Scratchpad - Achilles" is basically where I write all my code and research notes. As of now, it is a 27,000 line long text file where order, clarity, and organization is not guaranteed. For the most part, the stuff towards the bottom is the most recent. The majority of the assembly code used in the project can be found in this file, but it is not exhaustive. Both of these files could use a lot of updating.
I also created an official 20XX Hack Pack Discord Chat. I am hoping for this to be a hub of collaboration between community members to assist one another with general questions about features of the Hack Pack and to share effective ways of using its features for practicing techniques.
Much thanks goes out to DRGN, for assisting with updating the alternate costumes for this release and for his incredibly useful Melee hacking programs - DAT Texture Wizard and Melee Code Manager. An obvious thanks also goes out to all the other modders in the community whose work somehow or another has been incorporated into the Hack Pack.
Head over to the 20XX Hack Pack SmashBoards thread to >>DOWNLOAD<< and support the project.
I hope you all enjoy using the Hack Pack as much as I enjoy creating it.
Smash onward,
20XX Hack Pack Changelog - 4.05 to 4.06
Note: Existing 20XX 4.05 memory card data will be overwritten with default 4.06 data. If there is anything you want saved before updating (e.g. color values or something), write it down and manually restore it at a later time.
In-Game Toggles
Quite a few changes here. Make sure to review Debug Menu Training Codes In-Game Toggles 20XX Toggles Info & Develop Mode Toggles Info
Big Note: Collision bubbles are no longer 20XX toggles, but still are and have always been Develop Mode toggles. I know it will take some getting used to, but I am prioritizing removing conflicts between the sets of in-game toggles (and promoting the use of Develop Mode), which is important and was very annoying before.
  • D-Pad Down = Replay/Player Flag Menu
    • The menu to control various playeCPU flags and for recording/playing back inputs on a per player basis. This is not a replay system meant for full match recording. Please watch the tutorial series for an introduction.
  • Y+D-Pad Left = 20XXTE Input Display (basically taken straight from that separate project)
    • Debug Menu Training Codes In-Game Toggles 20XXTE Input Display Y-Pad to adjust the vertical screen location of the display.
  • Y+D-Pad Right = DI Draw
    • Debug Menu Training Codes In-Game Toggles DI Draw Info
    • Drawn DI is defaulted to disappear after hitstun, but there is a Debug Menu option to adjust this. Setting the value to -1 will keep it drawn "forever" until the next player is hit.
  • A+D-Pad Right/Left = Save State [Minor] (...a second save state)
  • Develop Camera Mode is re-enabled with the requirement of holding B to move the camera. To use Develop Camera, the camera mode has to be explicitly changed by pressing X+D-Pad Left.
    • B+D-Pad Up/Down will save/load the Develop Camera position. This saved camera position will persist between matches and will save to the memory card during a normal save operation.
  • Holding Z while starting a match will disable the 20XX in-game toggles, with on-screen display indication.
A few minor updates. Certainly not the focus of this Hack Pack update.
  • The 20XX AI type is titled "20XX" in the Debug Menu instead of "Normal".
  • Invincibility/intangibility of the 20XX CPU and opponent are now respected (e.g. CPU plays more defensively if opponent is intangible).
  • 20XX CPU level selection changes the percent chance of acting out of grounded, actionable action states (e.g. Higher level = moving more often/links actions together faster more often, lvl 9 is basically what the AI was like in v4.05).
  • Debug Menu options to change the 20XX CPU propensity for playing offensively/defensively.
  • Debug Menu option to have the 20XX CPU perform a specific SHFFL aerial instead of a "random" selection.
  • Debug Menu option to have the 20XX CPU perform a specific out of shield (OoS) option.
  • Shielding logic is no longer broken for Yoshi.
  • Falco has a lower percent chance of lasering high.
  • CPUs will sometimes choose to hang on the edge.
  • Fixed a few other internal issues with the 20XX AI (ex. U-Smash OoS was not working).
  • Debug Menu CPU Codes Added a toggle for specifying Nana to always throw a specific direction.
  • Debug Menu CPU Codes Directional Influence added options for Smash DI Type (random/toward/away/etc.) and a percent chance for the CPU to execute the Smash DI option. Note that this percent chance to SDI is calculated every frame of hitlag, and setting it too high could cause impossible SDI to occur.
  • Random DI options (and other CPU only codes) no longer apply to "Manual" type CPUs.
Stage Stuff/Stage Select Screens
  • Striked stages cannot be randomly selected.
  • Added a sound effect when switching Stage Select Screens.
  • Home-Run Contest floor extended from a max distance of 11,347.2 feet to ?????? feet (an absurdly high number).
2nd Stage Select Screen
  • New Stages:
    • Japan: Suzaku Castle
    • Hazy Maze Cave: Metal Cavern M
    • Planet Zebes: Metroid Lab
    • Return to Dream Land (Night)
  • Hyrule Castle 64 has fixed vertex colors for a few stage elements.
  • Nintendo GameCube stage character shadows are now cast on the white controller port face.
  • Mushroom Kingdom Adventure main stage floor is now flat instead of a slight incline.
  • Greece: Mount Olympus (Trophy Stage) removed clipping through platforms and walls.
  • Custom Battlefields have been moved to the 3rd Stage Select Screen
3rd Stage Select Screen
  • Hooked back in the following hacked stages: Skyrule (Hyrule), Great Bay, Kongo Jungle, Brinstar (no rising lava), Corneria (no ships/gun), Yoshi's Island 64.
  • Added an extended Final Destination (main stage is 3x length).
  • Added KirbyWare, Inc.
  • Home-Run Contest & Brinstar Escape stages in VS/Training Mode now use a regular camera instead of focusing on a specific player.
  • Stage preview texts have been updated.
Character Select Screen
  • Extra characters (Sheik, Giga-B, Wireframes, Popo, Crazy/Master Hand - Press Z on CSS while hovering holding cursor token) can now be accessed while holding a CPU token and not just your own HMN token.
  • D-Pad Down at the CSS to immediately transition to the Rumble Screen has been removed and is replaced by pressing the PAL/NTSC image toward the top of the screen.
  • D-Pad Down at the CSS will now toggle an analog input display, on a per player basis. Use this after plugging in to quickly check if the current controller calibration is satisfactory.
  • Holding Z while entering the CSS is now a shortcut straight to the Debug Menu. Exiting the Debug Menu afterward will automatically transition back to the CSS it came from. Note that memory card data (and Debug Menu toggles) are not saved during this transaction, so you'll need to initiate a saving sequence at some point to do so, such as leaving the CSS normally to the Main Menu.
  • Holding X+A for 3 seconds at the CSS or anywhere in the Debug Menu will perform a system reset and will set all the Debug Menu flags to the default values. If a memory card with 4.06 save data is inserted, a prompt will appear asking to reload data from the memory card. Selecting YES will reload the Debug Menu flags associated with that save file, and pressing NO will leave the Debug Menu options as default and disable further memory card saving.
  • Target Test mismatch can now be accomplished at the Target Test CSS. Select the character to play as, hover the empty cursor hand over the character icon whose stage to play on, and then hold A for 1.5 seconds. Z Button to Retry will stay on the mismatch stage. Beware, high scores on mismatch stages will be documented as a normal high score for the character in the match.
  • X/Y Alternate Costume toggling on the CSS is now disabled for some extra characters (Wireframes/The Hands/Giga-BowsePopo). This used to cause issues with a Blue Yoshi CSP appearing.
  • Name Entry [English Alphabet] now contains a "shine" insignia.
  • Reminder: Set the match rule to TIME and hold Start for 1.5 seconds to start a solo player match.
Game Modes
  • Debug Menu Game Modes All-Star Mode Options
    • Can now be played on tournament legal stages only
      • No Fountain of Dreams, for the possibility of lag with 4+ players.
      • CPU Sheik is used instead of CPU Zelda in this mode.
    • Can specify the AI type to play against.
    • Can enable a clone of the main human character that can be controlled by a different player port (2-Player All-Star Mode?!?!).
  • Endless Friendlies is now fixed! The Debug Menu options for this mode have been moved to Debug Menu Game Modes.
  • Endless Friendlies optional random character count has been increased from 3 to 4.
  • New Game Mode: Tag Team Melee
    • One active player on-screen per team with the ability to tag your teammate into play.
    • Debug Menu Game Modes Tag Team Info
  • CSS L/R alternate costumes have been majorly overhauled by DRGN, who not only assembled the new pack of textures, but also spent a lot of time doing color conversions, image touch-ups, and full texture creations. Major shoutouts to his assistance with the project, as well as his Melee hacking programs, DAT Texture Wizard (DTW) and Melee Code Manager (MCM). Make sure to check those programs out if you haven't already, and DTW can now auto-generate the CSP alternate costume background colors, if you choose to replace a .lat/.rat costume file.
  • Debug Menu Texture Hacks all 6 tourney legal stages now have a variety of textures that can be selected, as well as a random option at the end of the list. It is quite easy to add more textures as well - look for a SmashBoards post soon.
  • Debug Menu Texture Hacks added a toggle to disable all in-game GFX and EFX textures (can use this to get a clear view of character hitboxes, e.g. Fire Fox).
Debug Menu - Miscellaneous
  • Holding X+A for 3 seconds will perform the same system reset as mentioned in the Character Select Screen section.
  • Debug Menu Extras Nintendont Users Added a fullscreen texture to inform Nintendont users to enable "Native Control" in the Nintendont settings.
  • Debug Menu Training Codes Collision Bubbles added options to display different hitbox display IDs with different colors, as well as changing the alpha value (transparency) of hitbox/hurtbox displays.
  • Increased the joystick deadzone (to 0.8) for the Debug Menu to reduce the chance of accidentally toggling options while moving up/down.
  • Disabled L/R from toggling options in the Debug Menu, due to R being used for turbo speed.
  • "IASA Enabled" (interrupt as soon as) color overlay now includes IASA frames for the Landing action state.
  • "Auto-Cancel Enabled" color overlay now works for Game & Watch's nair, bair, and uair.
  • Added a color overlay option for "Missed Smash Turn" in Debug Menu Training Codes Color Overlays.
  • Added a color overlay option for Nana type secondary characters being desynced.
  • Debug Menu Stage Codes Force Simple Geometry has been added to disable stage and background models and enable the Develop Mode collision link view mode with plain background by default.
  • Debug Menu Stage Codes Always Draw Collision Links has been added, allowing collision link display overlay on stage models.
  • Debug Menu Extras Widescreen: added a fourth selection for Monitor 4:3.
  • Debug Menu Extras included a toggle for enabling [Smash.gg] "Slippi" match stats extraction via EXI slot B. The use of this feature requires hardware by Jas Laferriere (Fizzi).
  • Debug Menu Item Codes added an option for containers to spawn containers.
  • Debug Menu General Codes Hitlag/SDI Behavior v1.02 is now default in the Debug Menu. I changed my stance on v1.00 being default after remembering that PAL never has the option to play with v1.00 and a lot of PAL players use 20XX.
  • Debug MenuGeneral CodesVS Melee Player Flags P4's CPU AI Type is defaulted to "Normalish" instead of "20XX".
  • Damage staling is now enabled in Develop Mode by default. The option to change this is in Debug Menu Training Codes In-Game Toggles.
  • Debug Menu Extras About Me A little info page about me for anyone curious.
Debug Menu - Memory Card Management - New major Debug Menu page
  • Overwrite the default [NTSC] SSBM save file in Memory Card Slot A/B with a custom one.
    • Current options include:
      Vanilla, 100% complete SSBM: Stage Expansion [Achilles] 20XXTE [Dan Salvato] SDR Lite [Glook, etc.] Minigames Mod [Flieskiller] Crazy Mod [wParam] 
Character Stuff
  • Debug Menu Character Codes Fire Emblem (Marth/Roy) Sword Swing Colors has been added again. Roy is able, but does not contain colors by default. Sword swing colors can now be specified within the costume file. See this post for more details and a more formal post will be created in the future.
  • PAL Donkey Kong no longer loses Giant Punch charge upon being hit out of Up-B.
  • PAL Samus can no longer enable the extended grapple.
  • PAL Samus can no longer cancel aerial grapple with bomb jump.
  • SDR toggled Fox & Falco can now "eject" out of their Up-B animation with an instant Z press (again, these are not official SDR changes - just my fun experiments due to having a free character toggle).
  • MasterHand and CrazyHand are now controlled by the selected port.
  • Fox and Falco taunts will now randomly (~50% chance) execute the Corneria special taunt on any stage. The Corneria special taunt animations have been modified to have the exact same frame length as a regular taunt for both characters.
  • 81 new HPS music files have been added to the default 20XX soundtrack! Tons of classics.
  • Every non-vanilla HPS music file has been re-encoded using dsp2hps. Hopefully, this fixes console audio issues somes users were experiencing.
  • Debug Menu Music Codes Custom Music Playlists Added an option for the Global playlist to not override the Menu playlist.
  • D-Pad Up at match start (during the READY, GO!) will reload the background music. If using a random playlist of some sort, a new track will be chosen. A reminder that this can also be accomplished by pressing D-Pad Up on the Pause Screen.
  • Pause Camera focus point z-axis translation (into and out of screen) can now be accomplished by holding Z and using the C-stick y-axis.
  • When a Custom Shield Color is enabled, the color of the game series logo (behind player percents)/nametag arrow/off-screen magnifier bubble are changed in accordance to the new shield color.
  • Salty Runback is now disabled for Single Player Modes.
  • Salty Random Runback is a new feature triggered by holding A+Y when exiting a match (same scenario as regular Salty Runback). A new match will automatically be started with the same players/characters from the last match using RANDOM stage selection (similar to Endless Friendlies).
  • Pause screen "P1/P2/P3/P4 Pause" textures use a new font, instead of the default Comic Sans or whatever that crap was.
  • Removed some Japanese files from the file system to clear space.
  • An immense amount of general code cleanup!
Modding Features
  • A fourth Stage Select Screen has been added for modders to create a custom stage page.
  • Pl__.pat character files (PAL files in vanilla 20XX) now read frame speed modifications (FSMs) starting at 0x32BA80 in the DOL. No setup is necessary other than placing the FSM hex list at this location, and they will be immediately honored in-game.
  • Itaru's extended Pl__Aj.dat files are used for all characters, allowing Results Screen animations to be used in-game.
  • Subaction Event codes: Modified self damage/heal, character data modifications, projectile/item spawn.
Bug Fixes
  • Fixed a bug where "SDR" Falcon Kick fire textures would not appear.
  • Fixed a bug where killing CrazyHand in Classic Mode would not allow you to finish the match.
  • Fixed a bug that would cause the game to freeze upon returning to the VS Mode CSS after playing certain Stadium/1P Modes.
  • Fixed a bug where the Tap Jump Disable Debug Menu option would be ignored for characters with DJC'able aerial jumps (this bug applied to aerial jumps only).
  • Fixed a bug where mid-game player spawns for Event Matches (e.g. Event Match 16) would be disabled at certain times when it should not be.
  • Fixed a bug where Debug Menu CPU Codes DI Custom DamageFlyTop DI Inward % chance was actually the outward DI % chance.
  • Fixed a bug where Debug Menu CPU Codes Custom getup attack percent chance (non-frame perfect) was not being read correctly.
  • Fixed a bug where selecting a character in All-Star (and maybe other Regular 1P Modes) and then switching to an alt costume/PAL/SDR would cause the game to freeze upon completing the first match.
  • Fixed a bug with the Salty Runback code that would freeze the game if holding A+B while transitioning from SSS to CSS.
  • Fixed a bug in Chess Melee where pummeling/mid-throw damaging a stamina player to death would not cause the thrower to freeze following the victim's death.
  • Fixed a bug in Chess Melee where two or more players dying on the same frame would cause the lower port character to not be respawned.
  • Fixed a bug where Players 1 & 2 were unable to pick-up coins in Coin Mode matches.
  • Fixed a bug where some stages normally with a permanent fixed camera (e.g. PokeFloats) would use a regular camera instead.
  • Fixed a bug in Event Match 3: Barrel Buster where breaking barrels before the match timer started decreasing would not add to the total counter.
  • Fixed a bug in Event Match 3: Barrel Buster where the high score could not go higher than 2:00 (120 barrels busted).
  • Some of the new features fixed bugs and things.
submitted by achilles1515 to SSBM

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For those who want to learn more on US ROEs, IHL/LOAC, etc:
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Targeting The discussion of targeting focuses on law of armed conflict targeting principles, constitutional constraints on targeting U.S. citizens, rules governing the targeting of money or revenue-generating assets, and policies reducing civilian casualties. The report argues that U.S. targeting of high-level terrorist leadership, including by drones, is both conducted consistently with the law of armed conflict and minimizes civilian casualties by “narrow[ing] the focus when force is employed.” The White House explains that such targeting does not constitute unlawful assassination or murder under U.S. domestic law.
Referencing the Department of Defense Law of War Manual, the White House explains that the U.S. adheres to the targeting principles of (1) distinction (only military objectives and no civilian targets); (2) proportionality (comparing the expected loss of civilian life to the expected military gain); (3) necessity (directed to “a legitimate military purpose”); and (4) humanity (no unnecessary suffering). The report explains that a “robust review process” for adherence to these principles and all applicable law and policy occurs at all levels of the chain of command.
According to the White House, U.S. citizens who are part of an enemy force may be lawfully targeted, but any proposed action must comply with the Fourth and Fifth Amendments. Under a due process balancing test, a U.S. citizen abroad may be targeted only if: (1) a “high-level” U.S. official determines that the individual poses an imminent threat; (2) capture would be infeasible; and (3) so long as the operation adheres to the law of armed conflict principles described above. The report applies the framework to the targeting of Anwar al-Aulaqi, arguing that Aulaqi met these criteria and referencing the more thorough legal analysis of the Office of Legal Counsel’s 2010 Aulaqi memo. The report also notes that the Aulaqi operation proceeded with Yemen’s consent. Additionally, the report contends that if those three requirements are met, the Fourth Amendment is necessarily satisfied because the government interest in protecting U.S. lives would outweigh any intrusion on Fourth Amendment interests."
https://blog.oup.com/2016/03/principle-of-distinction-in-complex-military-operations/ "But lawful attacks on enemy belligerents are not limited to this type of conduct-based decision-making, even though this method reduces the risk of error (of mistaking civilians for the enemy). The law of armed conflict (LOAC, synonymous with international humanitarian law) allows opposing parties to target—to kill—enemy fighters based purely on their status as enemy fighters. That is, regardless if enemy belligerents happen to be sleeping, or otherwise not fighting at the moment, their status as members of an enemy belligerent group triggers the LOAC-permitted legal authority to attack. Only when the belligerent is rendered “hors de combat,” such as having surrendered or been incapacitated, is this authority terminated. On the micro level, this legal authority to target members of an opposing armed force necessarily means that those who seek to engage in such targeting must first make an objectively reasonable determination whether the individual qualifies as a lawful object of attack. Those engaged in targeting must ask and answer: is this individual a lawful target? And this is where things get really, really hard"
https://www.justsecurity.org/40416/rules-engagement-approval-levels-civilian-casualties/ Before ISIS used this tactic, coalition planners and commanders would plan an attack based on their knowledge of a given target in the circumstances ruling at the time, including the construction of a building, the function of the building, nature and type of surrounding buildings, etc. With this information, planners could estimate through a set of institutionalized procedures—the “collateral damage estimation methodology”—potential civilian casualties for a given attack. Understanding the threat to civilians and civilian objects is critical to an informed proportionality analysis as well as effective precautions in attack. Thus, an attack on an arms cache in a warehouse on the outskirts of town, late at night might be judged to present a relatively low risk of civilian casualties. When, however, ISIS has clandestinely fills the building with civilians, this would change the analysis considerably.
It is a widely accepted that customary international law imposes an obligation on attacking forces to take “feasible precautions” to minimize harm to civilians and civilian objects. This requirement is captured in Article 57 of Additional Protocol I, and US military doctrine in the Department of Defense Law of War Manual (¶ 5.11). Article 57(1) requires that “constant care shall be taken to spare the civilian population, civilian and civilian objects.” Article 57(2) provides several specific precautions in attack including notably, an obligation to “do everything feasible to verify that the objectives to be attacked are neither civilians nor civilian objects” and the obligation to choose a “means and methods of attack with a view to avoiding, and in any event to minimizing, incidental loss to civilian life, injury to civilians and damage to civilian objects.” The DoD Law of War Manual utilizes similar, but distinct language: “parties to a conflict must take feasible precautions to reduce the risk of harm to the civilian population and other protected persons and objects.” (¶ 5.2.3). (The differences in language are not relevant to our analysis here.)"
https://www.justsecurity.org/35597/squarable-circle-revised-dod-law-war-manual-challenge-human-shields/ "My concern is that these more-than-what-the-law requires policies are getting civilians killed. Even though not firing on the convoy “for fear of hitting civilians” will ensure no civilians are killed at that point in time, the cruel truth is that “hundreds” of ISIS fighters who would likely have been eliminated survived to wreak all kinds of horrors on other civilians whom the LoW aims to protect. This kind of self-imposed restriction produces a phenomena I call the “moral hazard of inaction.”
While the Manual’s revision does not reference that phraseology, it does seem to pay some homage to the idea by including in its discussion of the evaluation of expected incidental harm consideration of “civilians at risk if the attack is not taken” (§5.12.3). In my opinion this is the kind of strategic thinking some critics will not like, but to me it is a vitally important step (and a rather courageous one) if we are to seriously try to eliminate the most dangerous threats to civilians.
Is it enough? The grim truth is that ISIS (and, we should expect, other such groups) is exploiting not just popular interpretations of the law of human shields, but also the policies which further restrict the use of force. When a warfighting entity is able to use (or exploit) policies or political directives that exceed what the law would dictate as effective substitutes for traditional military means, they can be said to be waging what I would call polifare."
https://www.thecipherbrief.com/column/expert-view/how-rules-engagement-impact-civilian-casualties-1091 "The Department of Defense (DoD) Law of War Manual defines the U.S. military’s rules of engagement as “directives issued by competent military authority that delineate the circumstances and limitations under which United States forces will initiate and/or continue combat engagement with other forces encountered.” Rules of engagement may limit otherwise lawful uses for force, but they may not permit unlawful uses of force. The U.S. considers rules of engagement to be lawful commands. This means the disobedience of such lawful commands may constitute violations deserving legal ramifications.
The DoD manual explains that rules of engagement “tailor the rules for the use of force to the circumstances of a particular operation” to “reflect legal, policy, and operational considerations” and “are consistent with the international law obligations of the United States, including the Law of War.” This means that the U.S. “may restrict actions that would be lawful under the Law of War, but may not permit actions prohibited by the Law of War.”
For example, in March 2010, Gen. Stanley McChrystal, then Commander of the International Security Assistance Force in Afghanistan, promulgated a rule of engagement that prohibited Coalition forces troops from conducting night raids in Afghanistan unless Afghan security forces were present. He explained that while night raids were effective and of operational value, they “come at a steep cost in terms of the perceptions of the Afghan people."
https://www.defense.gov/Portals/1/Documents/pubs/Applying-the-Law-of-Targeting-to-the-Modern-Battlefield.pdf Transcript of , Jennifer M. O’Connor, DoD General Counsel at New York University "Targeting process: This process, which we call the targeting process, begins with the identification of a target: a person who is part of the adversary force or an object that is important to the adversary’s operations and that U.S. forces assess is necessary to attack in order to advance the United States’ military interests in the conflict. The potential target could be a building, or a vehicle or a leader of an adversary armed force, for example. The person who identifies that target may be a soldier or commander on the ground who is involved in a current combat operation, or he or she may be an Air Force officer who is planning an attack and identifies potential targets that support the operation. When there is time to plan in advance for a particular target, we call that deliberate targeting. When we are reacting to an immediate need or attacking a target that is on the move to cause harm, we call that dynamic targeting. The process I will lay out for you applies to both types of targeting, but the urgency associated with dynamic targeting means the process often plays out much faster.
Let me start with the deliberate targeting process. Let’s assume that as part of our military operations against ISIL, there is a bridge being used by ISIL to move military vehicles or perhaps VBIEDs – vehicle-borne improvised explosive devices, which are big moving car bombs that tend to look like something out of a Mad Max movie – for the purpose of attacking U.S. forces, friendly forces, or even civilians. Unfortunately, ISIL does this routinely. The U.S. commander responsible for that portion of the battlefield may consider targeting that bridge in order to deter the ISIL attacks. He or she is supported by a staff who will then look at that potential target and conduct an analysis of whether that bridge can be attacked, and if so, how best to do so.
Intimately involved in this staff process is the staff legal advisor – a military attorney. Judge Advocates, as we call them, or JAGs, are commissioned officers who are part of battle staffs throughout the military, and provide advice to other members of the staffs and commanders on legal issues, ensuring that the principles of distinction and proportionality, along with other important legal considerations, are properly applied to military operations. Embedded with commanders on aircraft carrier strike groups, at airfields, in operations centers, in strike cells, and sometimes at remote outposts in Iraq, Afghanistan, or other areas, these skilled men and women give legal advice in real time. They work together with multi-disciplinary teams so that our commanders, operators, and planners can make the best decisions about how to fight an adversary in a way that will be effective and complies with the law. In fact, the Department of Defense requires each DoD Component to “Make qualified legal advisers at all levels of command available to provide advice about law of war compliance during planning and execution of exercises and operations,” and for Commanders at the highest levels to “Ensure all plans, policies, directives, and rules of engagement issued by the command and its subordinate commands and components are reviewed by legal advisers to ensure their consistency with this Directive and the law of war.”
As the lawyer provides input into this hypothetical decision of whether to attack the bridge, he or she might refer to applicable treaties and to resources like the Department of Defense Law of War Manual, an important reference that my office put together over many years. Military lawyers consider relevant rules of engagement and policy guidance specific to the military operation – these are established by higher-level commanders. And they look to any additional policy guidance such as the guidance that we have for evaluating collateral damage risks or minimizing civilian casualties. For example, they consider the many policies and procedures that were ultimately compiled into Executive Order 13732, which is a presidential executive order that sets out the “policy on civilian casualties resulting from U.S. operations involving the use of force in armed conflict or in the exercise of the Nation's inherent right of self-defense.” It includes a reaffirmation that the U.S. military will apply the principle of proportionality in all its military operations. The Order specifically states the legal requirement to “take feasible precautions in conducting attacks to reduce the likelihood of civilian casualties,
such as providing warnings to the civilian population (unless the circumstances do not permit), adjusting the timing of attacks, taking steps to ensure military objectives and civilians are clearly distinguished, and taking other measures appropriate to the circumstances.”
So, the lawyer in our hypothetical bridge scenario now engages with other members of the staff, which will include experts on intelligence, military operations, combat engineering, and weapons, to provide a recommendation to the commander concerning whether to attack this bridge. Again, let’s assume the commander’s staff has already determined that the enemy is using or planning to use this bridge for military purposes to attack U.S. forces or innocent civilians or perhaps our Coalition partners. Initially, the staff considers whether the bridge is a valid military objective under the law of armed conflict—that is, whether the bridge by its nature, location, purpose, or use makes an effective contribution to military action, and whether its total or partial destruction, capture, or neutralization, under the circumstances, offers a definite military advantage. The staff also considers whether the bridge is a valid target under applicable policies, including the rules of engagement. In this case, the bridge’s location and its purpose or future expected use as the point where enemy vehicles cross the river and move to the fight means that it could be advantageous to destroy the bridge to deny the enemy the use of that route. Thus, the bridge could be a valid military objective..."
https://lawfareblog.com/isils-human-shields-mosul-and-us-response "On a more granular level in theater, the unclassified Tactical Directive from Afghanistan in 2011 enjoins soldiers to “spare no effort in preventing civilian casualties,” even at the cost of accepting greater risk to U.S. and NATO forces. The U.S. military even includes special considerations for protecting civilians in self-defense, when a service member’s life is at risk. The most recent unclassified Standing Rules of Engagement (SROE)—albeit from 2005—bars attacking civilians “except in self defense to protect yourself, your unit, friendly forces, and designated persons or property under your control.” The next line, however, reads: “Do not fire into civilian populated areas or buildings unless the enemy is using them for military purposes or if necessary for your self-defense. Minimize collateral damage.” Throughout much of the ISIL campaign, the Administration maintained a zero civilian casualty policy in airstrikes, such that 75 percent of strikes were called off due to intolerable risk to civilians through 2015. According to news reports, that policy has since been relaxed slightly, though it is still, as stated by the Executive Order, “more protective than the requirements of the law of armed conflict that relate to the protection of civilians.”...
But an even scarier conclusion looms large: if the U.S. continues its practice of not targeting shielded objects despite being legally entitled to do so, eventually our enemies will take note of this. There may actually be finite future circumstances when attacking a shielded target could be necessary despite all of the aforementioned reasons not to do so. It is foreseeable that ISIL and future enemies will encourage the use of shields and publicly announce the presence of civilians the presence of civilians in strategic buildings, such as Command, Control, Communications, and Intelligence (C3I) centers, to take advantage of the U.S.’s unwillingness to attack. This has recently happened in other conflicts with non-state actors. For example, in 2014, the Israeli Defense Force found a Hamas combat manual that encouraged the use of human shields. If confronted with the tactic, it will be interesting to see how the incoming administration reacts: Gen. James Mattis, President-Elect Trump’s pick for Secretary of Defense, co-authored the COIN Manual alongside Gen. Petraeus and oversaw many of the tactical directives in theater, which suggests staying the course, but the President-elect has advocated new foreign policy strategy and more aggressive in-theater tactics. Only time will tell."
https://www.justsecurity.org/32298/presidential-policy-guidance-targeting-capture-afghanistan-iraq-syria/ "— As the government has previously explained, at least as of 2014, the only possible “associated force” outside Afghanistan was AQAP, although, even there, the government considers that group to likely be part of al Qaeda itself. The only significant effect of the “associated forces” reading of the AUMF, therefore, is with respect to certain organized forces within Afghanistan–“notably including the Haqqani Network”–that are engaged alongside al Qaeda and the Taliban in hostilities against the United States or its coalition partners, and against which the U.S. Armed Forces conducts operations pursuant to the 2001 AUMF. (To the extent this changes, and the Administration concludes that new groups are “associated forces,” it ought to be forthcoming about that information, too, to the extent possible.)
— All operational plans to undertake direct action operations against terrorist targets outside Afghanistan, Iraq and Syria must be reviewed for legality by the general counsel(s) of the operating agency executing the plan, to ensure that the action contemplated is lawful and may be conducted in accordance with applicable law; must be submitted to the National Security Staff for interagency review; shall be referred to the NSS Legal Adviser (currently Chris Fonzone); and are subject to consultation with the Department of Justice by the NSS Legal Adviser and operating agency GC.
— If a proposed direct action would be against a U.S. person, DOJ must conduct a legal analysis to ensure that such action may be conducted against the individual consistent with the laws and Constitution of the United States.
— In addition to the several requirements previously announced for all uses of force outside Afghanistan, Iraq and Syria (i.e., that the target poses “a continuing, imminent threat to U.S. persons”; near certainty that the target is present; near certainty that non-combatants will not be injured or killed; an assessment that capture is not feasible at the time of the operation; an assessment that the relevant governmental authorities in the country where action is contemplated cannot or will not effectively address the threat to U.S. persons; and an assessment that no other reasonable alternatives exist to effectively address the threat to U.S. persons), the redactions indicate that there is one other, classified operational requirement, which appears to have something to do with interagency agreement. (An associated footnote reads: “Operational disagreements [several redacted words] shall be elevated to Principals. The President will adjudicate any disagreement among or between Principals.”)
— The PPG clarifies something that many observers have misunderstood: So-called “signature strikes” are not necessarily against persons whose identity is unknown (such as individuals at an enemy training camp, or (in 2001-02) in a cave at Tora Bora); what the PPG calls “terrorist targets” can also include other military objectives, apart from individuals, such as “manned or unmanned Vehicle Borne Improvised Explosive Devices or Infrastructure, including explosives storage facilities.”
— Capture, if feasible, is to be preferred “even in circumstances where neither prosecution nor third-country custody are available disposition options at the time.”
— After using force, the department or agency that conducted the operation must provide the following preliminary information in writing to the NSS within 48 hours: (i) a description of the operation; (ii) a summary of the basis for determining that the operation satisfied the applicable criteria contained in the approved operational plan; (iii) an assessment of whether the operation achieved its objective; (iv) an assessment of the number of combatants killed or wounded; (v) a description of any collateral damage that resulted from the operation; and (vi) a description of all munitions and assets used as part of the operation.
— The operational agency must also prepare and promptly provide notice “to the appropriate Members of the Congress” whenever: (i) a new operational plan for taking direct action [redacted] is approved; (ii) authority is expanded under an operational plan for directing lethal force against lawfully targeted individuals and against lawful terrorist targets other than individuals; or (iii) an operation has been conducted pursuant to such approval(s)."
https://www.justsecurity.org/35263/human-shields-ihl-legal-framework/ "States are under an affirmative duty to take precautions to protect the civilian population both (i) in the vicinity of their targets in the territory, or under the control of, their adversary and also (ii) from the adversary’s actions in their own territory and with respect to military objectives under their control:
  • 1. In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects. API, Article 56(1); Rule 15, CIL Study; Rule 22, CIL Study.
2. Those who plan or decided upon an attack shall (i) do everything feasible to verify that the objectives to be attacked are neither civilians nor civilian objects and are not subject to special protection but are military objectives … and that it is not prohibited by the provisions of this Protocol to attack them; (ii) take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects. API, Article 57(2)(a); Rule 15, CIL Study.
3. The Parties to the conflict shall, to the maximum extent feasible: (a) … endeavour to remove the civilian population, individual civilians and civilian objects under their control from the vicinity of military objectives; (b) avoid locating military objectives within or near densely populated areas; (c) take the other necessary precautions to protect the civilian population, individual civilians and civilian objects under their control against the dangers resulting from military operations. API, Article 58; see also Rule 23, CIL Study; Rule 24, CIL Study.
4. The Detaining Power shall not set up places of internment in areas particularly exposed to the dangers of war. GC IV, Article 83.
5. Without more, failing to fulfill this responsibility does not give rise to individual criminal responsibility under any of the IHL treaties or the Rome Statute. Rome Statute, Article 8."
The principle of proportionality requires parties to balance military advantage against the risk of harm to civilians and civilian objects. The application of this principle determines when the death of civilians in an attack constitutes a war crime in contradistinction to unfortunate, but not criminally actionable, collateral damage. IHL thus prohibits attacks:
1. which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. API, Article 51(5)(b); Rule 14, CIL Study.
2. Parties must “refrain from deciding to launch any attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.” AP I, Article 57(2)(a)(iii); see also API, Article 57(2)(b) (requiring parties to cancel or suspend an attack that fails the proportionality test).
3. It is a war crime to launch “an indiscriminate attack affecting the civilian population or civilian objects in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects.” API, Article 85(3)(b).
4. The ICC can prosecute the crime of “Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated” when committed in IACs. ICC Statute, Article 8(2)(b)(iv) (emphases added). The ICC cannot prosecute disproportionate attacks in non-international armed conflicts (NIACs).
Civilians lose their immunity from direct attack when, and only so long as, they directly participate in hostilities (DPH):
Civilians shall enjoy … protection [against dangers arising from military operations] unless and for such time as they take a direct part in hostilities. API, Article 51(3); see also APII, Article 13(3); Rule 6, CIL Study; Practice Relating to Rule 6. The protection to which civilian civil defence organizations, their personnel, buildings, shelters and matériel are entitled shall not cease unless they commit or are used to commit, outside their proper tasks, acts harmful to the enemy.API, Article 65(1)."
https://lawfareblog.com/new-york-times-us-aid-egypt-and-leahy-law "That would require a pretty specific factual showing, as Leahy Law restrictions apply only at a “unit” level, rather than on a “country” level: No assistance shall be furnished under this chapter or the Arms Export Control Act to any unit of the security forces of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights (emphasis added).
As for what counts, Congress and the State Department both understand “unit” to refer to “the smallest operational group in the field.” Given the legal criteria in play—and without having more specific facts in hand—it seems pretty hard to maintain that the aid in question "almost certainly" violates the Leahy Law. Even if the Secretary of State well knows that the Egyptian government commits human rights abuses generally, he also may not know which units are responsible for the atrocities in particular cases, so as to ensure that aid to the units is discontinued or blocked initially. This is not to accuse State of willful blindness or legal game-playing. The Leahy Law also requires the Secretary of State to “establish, and periodically update, procedures to” create a list of units receiving aid, facilitate the receipt of information from government agencies and NGOs, and make the whole process as transparent as possible. (A more expansive description of the procedures can be found here.)"
https://www.lawfareblog.com/should-us-military-receive-benefit-doubt-when-investigating-itself-alleged-war-crimes "The United States military’s accountability efforts have continued to improve during the contemporary conflicts in Iraq and Afghanistan. We analyzed two sets of data dealing with these wars: the first, from the Naval Criminal Investigative Service (NCIS), details all founded investigations alleging serious law of armed conflict violations in Iraq and Afghanistan by Sailors, SEALs, and Marines; the second, from the Army Court of Criminal Appeals (ACCA), details all cases of alleged serious law of armed conflict violations by soldiers referred to court-martial. The NCIS data indicates that ninety-two allegations of serious law of armed conflict violations were substantiated, thirty-seven of which led to courts-martial (a number of others received non-judicial punishment), and twenty-eight of which resulted in conviction. The ACCA data shows 100 referred cases, of which seventy-eight resulted in conviction on at least one offense. Many of these cases resulted in substantial sentences, including life imprisonment.
In terms of expertise, American military attorneys are at the forefront of interpreting and applying the law of armed conflict, while American military officers are experienced in, and understand, the critical need to comply with the law of armed conflict in order to win (or not lose) the local population’s support in contemporary conflicts. At a minimum, the American military has shown a persistent willingness to investigate, prosecute, and convict its own members for serious law of armed conflict violations during the past fifteen years."
Other noteworthy reading material:
'The Law of Targeting'
Targeting: Air Force Doctrine Document 2-1.9 https://fas.org/irp/doddiusaf/afdd2-1.9.pdf
Joint Publication: 3-60: 'Joint Targeting'
Joint Publication 3-0: 'Joint Operations'
Joint Targeting School Student Guide: (Effective 1 March 2017)
'Targeted Killing and Accountability'
'On target: Precision & Balance in the contemporary law of targeting'
'Adaptive Learning for Afghanistan Final Recommendations'
'Protection of civilians'
'Civilian Harm Tracking: Analysis of ISAF Efforts'
'Civilian Casualty Mitigation: Summary of Lessons, Observations and Tactics, Techniques and Procedures from Marine Expeditionary Brigade'
Forged in the Fire - Legal Lessons Learned During Military Operations
Extending Positive Identification from Persons to Places: Terrorism, Armed Conflict and the Identification of Military Objectives
Affirmative Target Identification: Operationalizing the Principle of Distinction for U.S. Warfighters
Legal lessons learned from Afghanistan and Iraq: Volume 1, major combat operations 11 Sept 2001 - 1 May 2003
Legal lessons learned from Afghanistan and Iraq: Volume 2 Full spectrum operations 2 May 2003 - 30 June 2004
Targeting and International Humanitarian Law in Afghanistan, The War In Afghanistan: A legal Analysis, vol. 85 (U.S. Naval War College International Law Studies) 307, 316
The Law of Armed Conflict: An Operational Approach
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