Armed Conflict

Law of Armed Conflict/IHL

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Sticking It To Yourself: Preemptive Pardons for Battlefield Crimes Undercut Military Justice and Military Effectiveness

Chris Jenks served as Special Counsel to the General Counsel of the Department of Defense (2017-2018) where he was awarded the Office of the Secretary of Defense Medal for Exceptional…
International Criminal Court (ICC) chief prosecutor Fatou Bensouda and deputy prosecutor James Stewart speak with another prosecutor during the initial appearance of Patrice-Edouard Ngaissona of the Central African Republic, at the ICC in The Hague on January 25, 2019, following his extradition from France on charges of war crimes and crimes against humanity.

ICC Prosecutor Signals Important Strategy Shift in New Policy Document

"The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, has released for comment a draft of her Strategic Plan for the final years of her mandate, 2019-2021.…
Two Pakistani local residents gather around a destroyed vehicle hit by a drone strike in which Afghan Taliban Chief Mullah Akhtar Mansour was believed to be travelling in the remote town of Ahmad Wal in Balochistan, around 160 kilometres west of Quetta. The vehicle is on fire.

‘Flying Ginsu’ Missile Won’t Resolve U.S. Targeted Killing Controversy

Proponents of a new, modified Hellfire missile called the R9X tout it as a game-changer that can spare more civilian lives than traditional Hellfires. But the new technology can…
A Somali woman and child walk past the destruction caused by a car bombing attack in Mogadishu, Somalia, on December 22,2018.

Somalia War Crimes Trial Starts Monday, as Another Survivor Seeks Justice

The third in a trio of federal cases brought by the San Francisco-based Center for Justice and Accountability (CJA) on behalf of victims and survivors of Siad Barre’s rule in…
Secretary-General António Guterres holds global town hall meeting with United Nations staff members. January 17, 2019

UN Secretary-General’s Annual Report on Protection of Civilians in Armed Conflict: An Unequivocal Call for Respect for the Law

The United Nations (UN) yesterday released the Secretary-General’s annual report to the Security Council on the protection of civilians in armed conflict. It is an unequivocal…
Secretary-General António Guterres speaks to press about the situation in Yemen. November 2, 2018

“No Sideshow” – The ‘Protection of Civilians’ Agenda Turns 20

This year marks two decades since the protection of civilians in armed conflict became a specific item on the agenda of the Security Council. The evolution of the idea demonstrates…
Air Force Gen. John E. Hyten, Patrick M. Shanahan, Acting U.S. Secretary of Defense, and Secretary of the Air Force Heather A. Wilson listen during a Senate Armed Services Committee hearing on April 11, 2019 in Washington, DC.

The Pentagon’s 2018 Civilian Casualties Report: What’s In It and What’s Next

The Pentagon’s latest annual report, released this morning, lists shockingly low numbers of "credible" civilian casualties. It also illustrated the need for better processes…
Smoke billowing out following a coalition air strike in the western al-Daraiya neighbourhood of the embattled northern Syrian city of Raqa on September 5, 2017.

New Pentagon Report Significantly Undercounts Civilian Casualties

The latest annual report was on time and included more details than it had in the past, thanks to additional congressional requirements. But it still significantly undercounts…
Human rights lawyer Amal Clooney and Iraqi human rights activist Nadia Murad Basee Taha attend a United Nations Security Council meeting at U.N. headquarters, April 23, 2019 in New York City.

Gutting the Substance of a Security Council Resolution on Sexual Violence

The United States has abandoned any meaningful commitment to victims and survivors of conflict-related sexual violence, in the interest of appeasing domestic anti-abortion constituencies.…
International Criminal Court (ICC) chief prosecutor Fatou Bensouda (C) sits at the courtroom of the International Criminal Court (ICC) during the closing statements of the trial of former Congolese warlord Bosco Ntaganda in the Hague, the Netherlands, on August 28, 2018.

Deconstructing the Int’l Criminal Court’s Decision on Afghanistan

The decision of the International Criminal Court’s Pre-Trial Chamber II refusing to open an investigation into crimes committed in Afghanistan establishes a new Rome Statute…
Sudanese protesters waving national flags during a protest outside the army headquarters in the capital Khartoum on April 21, 2019.

Smart Justice in Sudan: For Bashir’s Crimes, Is the ICC Still the Best Route?

A remarkable transition is underway in Sudan. After months of protests, Omar Al Bashir’s autocratic regime finally collapsed this month. It is, of course, quite ironic that Bashir,…
Marine Corps Gen. Joseph Dunford and Patrick M. Shanahan, Acting U.S. Secretary of Defense, are seen before a Senate Armed Services Committee hearing on April 11, 2019 in Washington, DC.

New DoD Policy on Amends Needs to Address Transparency Gap

New information from the U.S. Department of Defense (DoD) reveals a previously unrecognized transparency gap in the U.S. military’s efforts to acknowledge and address civilian…
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