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Law of Armed Conflict/IHL

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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.
Members of the Amhara militia, that combat alongside federal and regional forces against northern region of Tigray, ride on the back of a pick up truck in the city of Gondar, on 08 November 2020.

Famine in Tigray, Humanitarian Access, and the War Crime of Starvation

The siege of Tigray has deprived civilians of critical aid - is it a war crime?
A group of Asian women who sex trafficked into brothels set up by the Japanese military during World War II protest in front of the Japanese Embassy 18 September, 2000, in Washington DC, demanding an apology for their enslavement. Their signs read, “Sex slavery = crime;” “Japan where is your conscience;” “200,000 women enslaved;” and more.

Japan Cannot Claim Sovereign Immunity and Also Insist that WWII Sexual Slavery was Private Contractual Acts

In South Korea, two conflicting decisions by the Seoul Central District Court are testing the limited exceptions to sovereign immunity in a historic case of sexual violence in…
A US Predator unmanned drone armed with a missile stands on the tarmac of Kandahar military airport on June 13, 2010.

Extraterritorial Counterterrorism: Policymaking v. Law

The Biden administration's counterterrorism policy review is a crucial moment to evaluate the role of law versus policy and an opportunity to narrow the scope of the “ongoing…
South Korean soldiers remove landmines inside of the Demilitarized Zone (DMZ) on October 2, 2018 in Cheorwon, South Korea.

Undermining Norms? How the Antipersonnel Mine Ban Has Endured in US Policy

The Trump shift became more notable for what it did not lead to than for what it did. Now Biden has a chance to set US policy on the side of humanity.
Onlookers, including children, stand next to the backpacks and books of victims following yesterday's multiple blasts outside a girls' school in Dasht-e-Barchi on the outskirts of Kabul on May 9, 2021.

As Troops Withdraw from Afghanistan, the UN Needs to Act

It is time for the U.N. Human Rights Council to establish an independent international investigation into human rights atrocities in Afghanistan.
Afghan villagers search for dead bodies of persons who were killed in a NATO airstrike on a home in Sajawand village in Logar province south of Kabul on June 6, 2012.

How US-Funded Abuses Led to Failure in Afghanistan

The primary and defining characteristic of the armed conflict in Afghanistan over the last two decades has been harm to civilians caused by massive human rights abuses and war…
Coalition Force service members set up a perimeter under the cover of darkness on the edge of Shurakian in Helmand province. The image is taken through a green night vision lens and multiple vehicles are shown.

Ending the Forever War, But Leaving a Legacy of Impunity in Afghanistan

The international military forces withdrawing from Afghanistan leave behind a legacy of impunity that threatens to undermine hopes for peace and justice in Afghanistan for years…
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