Law of Armed Conflict/IHL

Defense Department General Counsel Paul C. Ney gives a speech at BYU Law School on March 4, 2020.

The Trump Administration’s Latest (Failed) Attempt to Justify the Soleimani Strike

Two months after killing Qassem Soleimani, the Trump administration still hasn’t gotten its story straight. On January 3rd, the day of the operation, and for the next 10 days,…

Mar. 13, 2020 Adil Ahmad Haque

The dome of the U.S. Capitol Buidling and the US flag.

The Soleimani Strike and the Case for War Powers Reform

With passage of historic war powers legislation on Iran, a leading authority homes in on what deep reform of the war powers should look like.

Mar. 11, 2020 Stephen Pomper

Binary code in blue on a blue and black background

The Defense Department’s Measured Take on International Law in Cyberspace

A close reading of the Defense Department's statement on cyber by top expert, comparing it to positions of Australia, France, Netherlands, United Kingdom and others.

Mar. 11, 2020 Michael Schmitt

Japan's H-IIA rocket carrying the Kirameki-2 satellite is launched from Tanegashima Space Centre in southern Tanegashima island, Kagoshima prefecture, on January 24, 2017.

War in Space: How International Humanitarian Law Might Apply

(Editor’s Note: The absence of a comprehensive analysis of the legal framework for military operations in outer space represents a troubling deficiency in the understanding of…

Mar. 9, 2020 Michael Schmitt and Sqn. Ldr. Kieran Tinkler

A small Yemeni child walks barefoot on rubble of a building destroyed in an airstrike carried out by the Saudi-led coalition, at the Old City of Sana'a, on July 07, 2019 in Sana'a, Yemen.

Preventing and Responding to Civilian Casualties: An Upcoming Discussion on Law, Policy, and Progress

Civilian casualties are inevitable in armed conflict. Nonetheless, international law requires armed forces to distinguish between civilians and lawful military objectives, and…

Mar. 9, 2020 Keith Petty

Int’l Criminal Court’s Afghanistan Decision Expands Prosecutor’s Power: What to Expect Next

The Appeals Chamber of the International Criminal Court (ICC) authorized a formal investigation into alleged crimes committed during the war in Afghanistan on Thursday, overturning…

Mar. 6, 2020 Randle DeFalco

U.S. Air Force Space Command Gen. John "Jay" Raymond stands next to the flag of the newly established U.S. Space Command, the sixth national armed service, in the Rose Garden at the White House August 29, 2019 in Washington, DC.

NATO Recognizes Space as an “Operational Domain”: One Small Step Toward a Rules-Based International Order in Outer Space

(Editor’s Note: The absence of a comprehensive analysis of the legal framework for military operations in outer space represents a troubling deficiency in the understanding of…

Mar. 4, 2020 Hitoshi Nasu

Fighters of the Hashed Al-Shaabi (Popular Mobilization units) advance through a street in the town of Tal Afar, west of Mosul, after the Iraqi government announced the launch of the operation to retake it from Islamic State (IS) group control, on August 26, 2017.

Iraqi Militias Split Over New Iran-Backed Head, Reflecting Wider Divisions

Understanding the differences among the Hashd al-Sha’abi factions is vital as the organization gains increasing influence in government, including the official Iraqi security…

Mar. 4, 2020 Crispin Smith

Delegates taking part in the U.N. Conference on the Exploration and Peaceful Uses of Outer Space visit the USSR exhibit organized in connection with the Conference, Aug. 14, 1968.

Military Space Operations and International Law

(Editor’s Note: The absence of a comprehensive analysis of the legal framework for military operations in outer space represents a troubling deficiency in the understanding of…

Mar. 2, 2020 Dale Stephens

A hand holds a blue highlighter as they highlight words and phrases of a blurry document.

What to Watch For in White House’s Annual Report on Use of Military Force

The report is due Sunday, March 1, and here are the key legal and policy issues to keep a sharp eye on.

Feb. 29, 2020 Rita Siemion and Benjamin Haas

Cyber operations on mission in the 780th Military Intelligence Brigade operations center at Fort Meade, Md. U.S. Army Cyber Command. The room is covered with computer screens on desks as well as larger screens on the front wall. Each soldier appears to have three screens to their self.

Norm-Skepticism in Cyberspace? Counter-Factual and Counterproductive

Leading expert on international law and cyber responds to statement by Chief of US Naval Operations, Admiral Mike Gilday on international norms in cyberspace.

Feb. 28, 2020 Michael Schmitt

Iraqi anti-government protesters rest beneath graffiti at Tahrir Square as nationwide protests entered a third month on December 5, 2019, in Baghdad, Iraq. The graffiti art reads, “An idea cannot be destroyed,” and shows a police officer beating a dandelion. On the other side of the wall, there is an image of an injured person lying on a cloud while their blood rains down on people below.

After Soleimani Killing, Iran and Its Proxies Recalibrate in Iraq

Understanding the motivations and capabilities of leading Iranian-backed militia units is vital for an effective US and Iraqi response to likely violence in the coming months.

Feb. 27, 2020 Crispin Smith