Armed Conflict

Just Security’s expert authors provide analysis on the legal, policy, and strategic dimensions of armed conflict, including the Russia-Ukraine war, the Israel-Hamas war, counterterrorism operations, conflicts in the Middle East and North Africa, and other armed conflicts across the globe, with a focus on international humanitarian law, war crimes and accountability, mitigating and remedying civilian harm, and the humanitarian impacts of warfare.

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3,295 Articles
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Does IHL Authorize Detention in NIACs?

As Ryan recently reported, the United Kingdom’s High Court of Justice has issued an important ruling in Serdar Mohammed v. Ministry of Defense. The Court ruled that the long…
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Mini Forum on UK High Court Ruling British Forces Lack Detention Authority in Afghanistan

On May 2, the High Court of England and Wales handed down a judgment in Serdar Mohammed v. Ministry of Defense (full text). Mr. Justice Leggatt held that British forces lacked…
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United Kingdom’s High Court: Long-term detentions in Afghanistan illegal

On Friday the United Kingdom’s High Court, in the case of Serdar Mohammed v. Ministry of Defense (full text), handed down a judgment holding that the 110-day detention of a…
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Legal Action Taken to Expose Denmark’s Role in US Targeted Killing Program

As reported in today’s Just Security Roundup, news this morning out of Denmark is that the Open Society Justice Initiative (OSJI) is pursuing a potential suite of legal actions…
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Realpolitik and Closing Guantánamo: A Response to Deborah Pearlstein

A few weeks back, I posted about my new Fordham Law Review essay, “Detention After the AUMF,” which explains how the President could use existing authority–to…
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Justice Breyer’s intriguing suggestions in Hussain: A sign of habeas challenges to come?

Last month I predicted that one or more Justices would issue a separate opinion when the Court denied certiorari in Hussain, and that the likely topic of such an opinion would…
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How We Read a NYTimes Story on Drone Strikes in Yemen

In this post, we’re trying something new. Below, we present an almost line-by-line annotation of yesterday’s New York Times story on US and Yemeni military operations in…
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Court Decision Supports Broader Disclosures on US Drone War

The Second Circuit Court of Appeals’ decision yesterday that the Obama administration had waived its right to refuse to turn over legal memos justifying the killing of a U.S.…
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The Second Circuit and the Vices of Selective Disclosure

I’ve now had a full day to digest yesterday’s lengthy decision by the Second Circuit in New York Times v. Department of Justice, which, among other things, orders…
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Judge Pohl’s order requiring disclosure of details of CIA’s “black sites” now unclassified

As I mentioned last week, in the al Nashiri military commission case, Judge Pohl has issued an order requiring that the prosecution turn over to the defense team the details —…
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Consequences of the Fact-Based Armed Conflict Test in Yemen’s Internal Armed Conflict

Ryan’s recent post about ongoing “drone strikes” in Yemen raises an issue that has troubled me for quite some time from a legal, policy, and advocacy perspective. In the…
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Letter to the Editor from Gabor Rona, On Justice Breyer’s Concurrence in Hussain

If Justice Breyer’s statement is a sign that the Supreme Court may now be willing to wrest its “war on terror” role back from the DC Circuit, it may be due…
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