Armed Conflict
Law of Armed Conflict/IHL
1,633 Articles
Letter to the Editor: Not So Fast on Calling it an “Armed Conflict” Between the US and Syria
In Tuesday’s provocative entry, “Is the United States Already in an ‘International Armed Conflict’ with Syria?,” Ryan Goodman states not only that the US is engaged…
The Law of Consent-Based Interventions
In a recent Just Security post, Adil Ahmad Haque asks what legal rules constrain the use of military force by an intervening state acting without the host state’s consent. Recognizing…
Between the Law of Force and the Law of Armed Conflict
Last week, I argued in favor of the ICRC’s position that if one state uses armed force in the territory of another state then an international armed conflict (IAC) arises between…
De Facto and De Jure Non-International Armed Conflicts: Is It Time to Topple Tadić?
When does violence between a state and non-state actor constitute an armed conflict and thus trigger the system of legal rules that apply in non-international armed conflict (NIAC)?…
If Burundi Leaves the Int’l Criminal Court, Can the Court Still Investigate Past Crimes There?
Last week, Burundi President Pierre Nkurunziza’s office announced that his country had begun taking steps to leave the International Criminal Court, of which it has been a member…
Why French President’s Threat of War Crimes Prosecutions against Russia, Syria Rings Hollow—But Needn’t
CNN is reporting that Russian President Vladimir Putin has canceled a visit to France next week following French President Francois Hollande’s statement that he would tell Putin…
Is the United States Already in an “International Armed Conflict” with Syria?
Many are debating whether the Obama administration should essentially go to war with Syria in an effort to halt the atrocities that Assad is committing in Aleppo and elsewhere…
Whose Armed Conflict? Which Law of Armed Conflict?
When one state, say, the United States, uses military force on the territory of another state, say, Syria or Pakistan, without the consent of that state, what legal rules constrain…
Would Arming Anti-Assad Rebels Trigger an “International Armed Conflict”—and War Crimes Prosecutions?
Earlier this week, Reuters reported that Gulf Arab States are considering arming militant groups in Syria to fend off Assad’s onslaught in Aleppo and elsewhere. There may be…
Triggers and Thresholds of Non-International Armed Conflict
When and where does the law of non-international armed conflict apply? Since most contemporary armed conflicts are fought between states and organized armed groups, or between…
Aiding and Abetting for Saudi War Crimes: Lessons from Holder v. Humanitarian Law Project
In 2010, human rights organizations argued in Holder v. Humanitarian Law Project that if we want to promote compliance with the law of armed conflict, we cannot punish advocacy…
Two U.S. Positions on the Duty to Ensure Respect for the Geneva Conventions
When should the U.S. government reverse a previous U.S. interpretation of a treaty? Should there be a presumption against doing so, and what process and substantive reasons should…