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US Defense Secretary Mark Esper (L) and Chairman of the Joint Chiefs of Staff General Mark A. Milley, testify about the Defense department budget during a Senate Armed Services Committee hearing on Capitol Hill in Washington, DC, March 4, 2020.

DOD’s New Ex Gratia Policy: What’s Right, What’s Wrong, and What’s Next

On June 22, the Department of Defense (DOD) issued an interim policy regulation for providing ex gratia payments to civilians harmed as a result of U.S. military operations. It…
Smoke billowing out of buidlings following a coalition air strike in the western al-Daraiya neighbourhood of the embattled northern Syrian city of Raqa on September 5, 2017.

Toward a Consistent and Coherent Ex Gratia Policy for Civilian Casualties

The summer of 2017 was an extended nightmare for the Badrans. Over the course of several weeks, 39 members of Rasha Badran’s family, most of them women and children, were killed…
World Health Organization (WHO) press conference

National Security at the United Nations This Week (July 3-10)

(Editor’s Note: This is the latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security,…
Protestors are tear gassed as the police disperse them near the White House on June 1, 2020.

It’s Time to Stop the Use of Tear Gas Against Civilians

It was a clear day on June 1 in Washington, DC when thousands of people protesting racial injustice and police brutality, in the aftermath of George Floyd’s death, congregated…
Bush, Obama, Trump

Trump’s Rationale for Attacking the ICC—Continuity with Bush and Obama’s War on Terrorism

An article by the first Chief Prosecutor of the International Criminal Court.
A team member of MINUSMA stands across from a helicopter in Sobane Da, in the Mopti region in central Mali.

As UN Renews Peacekeeping in Mali, Civilian Protection Requires Ongoing Push for Air Assets

The mission is missing critical military helicopters it needs in several locations to carry out its recently expanded mandate.
Norway signs the United Nations Charter and other country representatives stand behind at the The San Francisco Conference, 25 April - 26 June 1945.

The United Nations Charter at 75: Between Force and Self-Defense — Part Two

A more complete view of the UN Charter explains why there are no unwritten exceptions to the prohibition of force.
Injured Iraqis classified as enemy prisoners of war walk into a medevac helicopter as they are transferred from the 28th Combat Support Hospital, about 25 kilometers south west of Baghdad, 15 July, 2003, to Camp Cropper, a prison camp at the Saddam International Airport in Baghdad.

New Developments in ICRC Commentaries to the POW Convention

On Tuesday, June 16 the International Committee of the Red Cross (ICRC) launched its updated Commentary to the Geneva Convention III Relative to the Treatment of Prisoners of War…
US Secretary of State Mike Pompeo (C) holds a joint news conference on the International Criminal Court with (L-R) US Attorney General William Barr, US Defense Secretary Mark Esper and National Security Advisor Robert O'Brien, at the State Department in Washington, DC, on June 11, 2020.

The Self-Defeating Executive Order Against the International Criminal Court

"I know because I used to make this theoretical international law argument...on behalf of the U.S. Government many years ago."
Protestors outside Downing street after they marched to raise awareness and rally against the crisis in Darfur on September 16, 2007 in London, England.

Ali Kushayb’s Arrest Highlights the Other Side of the U.S.–ICC Relationship

There has been a lot happening over the past couple of weeks, at home and abroad. So it would have been easy to miss the news that earlier this week, Ali Kushayb, a Sudanese war…
The guided-missile cruiser USS Vella Gulf (CG 72) fires a close-in weapons system during a live-fire exercise, April 27, 2020.

On Iranian Gunboats: Beware Conflating American and Mainstream Views of the Law

In a recent essay in Just Security entitled “Iranian Gunboat Harassment and the Rules of Engagement,” Michael Schmitt and Durward Johnson explore important questions raised…
The entrance near the new courtroom at Guantanamo Bay, Cuba.

Jurisdiction at Guantanamo: The Case of Long-Term Complicity

The commission should stop asking whether the acts of facilitation occurred during an armed conflict. Rather, the commission should be asking whether the defendants facilitated…
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