Armed Conflict

Law of Armed Conflict/IHL

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Just Security

A Word to a Newfound Ally

As a longtime (and long-exasperated) reader of Lawfare, I’ve been heartened to see the site’s recent editorial turn, in response to current events, toward newly appreciating…
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The DoD Law of War Manual and the False Appeal of Differentiating Types of Civilians

In a recent speech at NYU, Department of Defense General Counsel Jennifer O’Connor suggested that after an impending revision, the US Law of War Manual would reflect the position…
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Two lingering concerns about the forthcoming Law of War Manual amendments

We commend Department of Defense General Counsel Jennifer O’Connor for her very important speech at NYU Monday evening—especially for her vivid, detailed account of how the…

Philip Bobbitt’s War Without Tears

In times of war, it’s sometimes said, the laws fall silent—but the laws, and the human rights lawyers who would enforce them, are still faintly murmuring, and these faint murmurs…
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“Applying the Law of Targeting to the Modern Battlefield‎” – Full Speech Given by DOD General Counsel Jennifer O’Connor

Below is the speech, “Applying the Law of Targeting to the Modern Battlefield‎,” given by Jennifer O’Connor, general counsel of the Department of Defense, tonight…
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A Duty to Disobey?

The United States is in the midst of an uncertain era of complex global threats.  Some have described the nation’s defense policy as one of “forever war.”  During this…
A comic by Tom Kleh with people in suits raising umbrellas as if they are swords or guns. They each have a briefcase on the ground next to them. One man in a suit carries an umbrella like a weapon and inspects the the group.

The ACLU Goes to War

The Drone Memos collects important memoranda from the Justice Department, addresses by Barack Obama, John Brennan, Harold Koh, Eric Holder and others, executive orders and various…
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Letter to the Editor: Response to Human Rights in Armed Conflict, Part I

In a previous post, I raised numerous concerns with Prof. Adil Haque’s novel proposal that lowers the threshold for determining what constitutes a non-international armed conflict…
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Human Rights in Armed Conflict, Part II

In my previous post, I took seriously Jonathan Horowitz’s concern that some States believe that the application of international humanitarian law (IHL) may displace or reduce…
U.S. Vice President Dick Cheney is flanked by his wife Lynne and Israel's President Moshe Katsav when leaders from 30 countries gather to remember the victims of the Holocaust on the 60th anniversary of the liberation of the Nazis' Auschwitz death camp by Soviet troops in Oswiecim, southern Poland on Thursday, Jan. 27, 2005. At left is Jolana Kwasniewski, the wife of Poland's President. Others surround them standing or sitting in chairs. Everyone wears coats and hats in the snowy weather.

Foreign Gov’t Assistance to Trump Administration Policies: What Int’l Law Prohibits

The policies of the incoming Trump Administration may spell legal trouble for cooperation between the United States and its allies in important areas of national security. One…

Questions for the Defense Department’s General Counsel

On Monday, Nov. 28 at 6 p.m., Jennifer O’Connor, general counsel of the Department of Defense, is giving a talk at NYU School of Law on “Applying the Law of Targeting to the…
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Human Rights in Armed Conflict, Part I

When powerful States adopt a mistaken view of international law, should we—scholars, practitioners, and activists—resist their view and insist on our own? Or should we regard…
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