Armed Conflict

Law of Armed Conflict/IHL

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The empty courtroom of the U.S. Supreme Court is seen September 30, 2016. Curtains are parted to reveal chairs, pews, and the seats for the judges at the front of the room.

Activism and Consequences

A response to Margulies and Azmy.
Representatives sit at long desks for the United Nations General Assembly Seventy-first session, 57th plenary meeting.

How the UN General Assembly Can Respond to Atrocity Crimes at Its 76th Session

It has played a significant role in preventing and responding to atrocities in the past - it should take five priority actions now.
Afghan residents and family members of the victims gather next to a damaged vehicle inside a house, day after a US drone airstrike in Kabul on August 30, 2021.

Questions to Investigate U.S. Drone Strike in Kabul: An Alleged Killing of 10 Civilians

We drafted dozens of specific questions for Congress, reporters, and investigators to ask.
Michael Ratner, a US Military Defence Lawyer and one of the counsel in the US Supreme Court, listens during a press conference concerning the situation of prisoners in Guantanamo Bay in London, 24 March 2004.

The Humanity of Michael Ratner, The Fabrications of Samuel Moyn

Joseph Margulies and Baher Azmy write to set the record straight.
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It

We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

How to Responsibly End Three Key Rights-Abusing Post-9/11 Policies

Accountability needs to include reckoning with Guantanamo, state-sanctioned U.S. torture, and secretive and unlawful lethal strikes.
A black and white photograph of the First International Peace Conference in the Hague. Men sit in rows at desks in a horseshoe shape. Art covers the walls.

Oh, the Humanity

Reviewing Samuel Moyn, Humane: How the United States Abandoned Peace and Reinvented War (New York: Farrar, Straus and Giroux, September 2021), 416 pp. Samuel Moyn’s new book…
A prisoner paces in a gated indoor area before evening prayers at the "Gitmo" maximum security detention center on October 22, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba.

What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause

The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.
A Yemeni man looks at graffiti protesting against US drone strikes on September 19, 2018 in Sana'a, Yemen.

Embedding Gender in International Humanitarian Law: Is Artificial Intelligence Up to the Task?

The laws of war can sanction uses of force with gendered consequences. Encoding IHL principles into AI systems may reinforce - or correct for - these disparate impacts.
Former chief prosecutor Benjamin Ferencz addresses guests during the inauguration of the new information and documentation center "Memorial Nuremberg Trials", in Nuremberg, southern Germany, on November 21, 2010.

Nuremberg Prosecutor says Guantanamo Military Commissions Don’t Measure Up

In an upcoming filing, the last living Nuremberg prosecutor, Benjamin B. Ferencz, says there is "very limited comparison" between the Guantanamo military commissions and the Nuremberg…
Russian President Vladimir Putin greets US President Joe Biden with a handshake during the US - Russia Summit 2021 at the La Grange Villa near the Geneva Lake, on June, 16, 2021, in Geneva, Switzerland.

International Law’s Role in Combating Ransomware?

International law has an important role to play in cyberspace, but with regard to the ostensible rules of sovereignty and cyber due diligence, the United States should continue…
A "Camp Justice" sign at Guantanamo Bay. Four poles waive flags behind the sign.

Course Correction Still Needed on Anti-Torture Obligations

The prohibition on torture is absolute. The government’s commitment to upholding it must be too.
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