Armed Conflict

Law of Armed Conflict/IHL

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Alternative Jurisdictional Bases for a Hybrid Tribunal for Syria

As we have discussed, one option under consideration to address the commission of grave international crimes during the conflict in Syria is the creation of a hybrid tribunal within…
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Targeting Transparency: A Call for DoD to Automatically Release Investigations of Civilian Casualties in Armed Conflict

There has been much discussion on the lack of demonstrable government follow through after President Obama’s 2013 claims of increased transparency of US lethal targeting of suspected…
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Major development concerning transparency of the use of force in Yemen

“I think the rule should be that if we’re going to take actions overseas that result in the deaths of people, the United States should take responsibility for that.”…
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Taking on “Killer Robots”

New weapons that could revolutionize killing are on the horizon. Lethal autonomous weapons systems, also called fully autonomous weapons or “killer robots,” would go beyond…
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Ending the Forever War: One Year After President Obama’s NDU Speech

Today, May 23, 2014, marks the one-year anniversary of President’s important speech at the National Defense University (NDU) setting forth his proposed framework for post-9/11…
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David Barron and the OTHER missing memos

David Barron was just confirmed to the First Circuit. To secure that vote, the Administration announced it would not appeal the Second Circuit’s order to turn over a redacted…
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Is the CIA Drone Program More Accurate than the DOD’s—and if so, why?

Some commentators suggest that we have the data: CIA-directed drone strikes appear to involve fewer civilian casualties (e.g., less collateral damage) on average than DOD-directed drone…
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United States War Crimes Statute & Sri Lanka

Ryan Goodman’s post on Sri Lanka calls for the prosecution under U.S. law of Gotabaya Rajapaksa. In prior posts, we’ve discussed the way in which international crimes (including…
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Sri Lanka’s Greatest War Criminal (Gotabaya) is a US Citizen: It’s Time to Hold Him Accountable

Monday, May 19th marks the five-year anniversary of the end of Sri Lanka’s civil war, which claimed the lives of 40,000 to 70,000 civilians in its “catastrophic”…
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Governments Conclude First (Ever) Debate on Autonomous Weapons: What Happened and What’s Next

This week at the United Nations in Geneva, the 117 states parties to the Convention on Certain Conventional Weapons (CCW) held the first inter-governmental debate on autonomous…
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The Limits of the Logic that the Power to Kill includes the Power to Detain

I will soon have a longer post on the UK High Court judgment in Mohammed v. Ministry of Defense, but here I want to consider a specific argument that implicates the authority of…
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Backgrounder: Preliminary Examination into Abuses by United Kingdom Personnel in Iraq

As we reported earlier, the ICC Office of the Prosecutor has reopened the preliminary examination into crimes committed by United Kingdom personnel in Iraq from 2003-2008  during…
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