Armed Conflict

Use of Force

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Exterior View of the International Criminal Court building in The Hague.

Is Amending the Rome Statute the Panacea Against Perceived Selectivity and Impunity for the Crime of Aggression Committed Against Ukraine?

Many supporters of a STCoA argue for a two-tiered approach because a quick fix of the Court’s jurisdictional regime is unrealistic.
An MQ-9 Reaper remotely piloted aircraft (RPA) is prepared for training mission.

The Russian Intercept of the U.S. Reaper and International Law

The Russian operation almost certainly violated the international law obligation of due regard and, perhaps, the prohibition on using force. Nevertheless, the Biden administration…
CAMP SHORAB, AFGHANISTAN - SEPTEMBER 11: A U.S. Army helicopter flies outside of Camp Shorab on a flight to Camp Post on September 11, 2017 in Helmand Province, Afghanistan. About 300 marines are currently deployed in Helmand Province in a train, advise, and assist role supporting local Afghan security forces. Currently the United States has about 11,000 troops in the deployed in Afghanistan, with a reported 4,000 more expected to arrive in the coming weeks. Last month, President Donald Trump announced his plan for Afghanistan which called for an increase in troop numbers and a new conditions-based approach to the war, getting rid of a timetable for the withdrawal of American forces in the country. (Photo by Andrew Renneisen/Getty Images)

Opaque Transparency on the Use of Force: Observations on the 2022 “1264” Report

The 2022 report illustrates the limits of congressionally mandated reporting requirements on matters of war and peace and the need for Congress to be more proactive in informing…
Ukrainian recruits and their British Armed Forces trainers pose for a photograph on Driver Tank Trainer (DTT) armoured vehicles

Can Aid or Assistance Be a Use of Force?: Expert Q&A from Stockton Center’s Russia-Ukraine Conference

Some States are likely engaging in force by virtue of the quantity and quality of the support they are providing to Ukraine. Those activities are lawful as actions taken in the…
Relatives mourn over the coffin of Ukrainian serviceman, adorned with flowers and the Ukrainian flag.

One Year On: If Ukraine Falls, the Global Consequences Will Haunt the World for Generations

"The narrative of the plucky Ukrainian underdog taking on Russia’s sclerotic Goliath helped to rally support across the world, but it now masks a creeping complacency among Ukraine’s…

Just Security Podcast: A Year in Russia’s War Against Ukraine: Forging a US Response

Since Russia began its full-scale invasion of Ukraine a year ago, we’ve seen some surprising military, diplomatic, and legal developments in the war. Ukrainian forces have proven…
A young woman walks past graves of Ukrainian soldiers, decorated with Ukrainian flags.

A Pragmatic Legal Approach to End Russia’s Aggression

Founding Prosecutor of International Criminal Court writes about how the Court can be used to help in negotiating an end to the Ukraine war.
Helicopter hovering above an American flag

A Values-based Approach to Foreign Policy? Lessons for the Biden Administration

Integrating human security into U.S. military planning would give substance to the idea of a values-based approach to foreign policy.
Permanent Representative of Russia to the United Nations Vasily Nebenzya speaks during a United Nations General Assembly special session at the United Nations headquarters.

A Special Tribunal for Ukraine on the Crime of Aggression – The Role of the U.N. General Assembly

An essay by leading expert. Ambassador (Ret.) Hans Corell is Former Under-Secretary-General for Legal Affairs and the Legal Counsel of the United Nations.
Wide shot of a session of the International Criminal Court

Letter to Editor: On So-Called Selectivity and a Tribunal for Aggression Against Ukraine

Former President of the International Criminal Court argues for a Special Tribunal for the Crime of Aggression Against Ukraine - and against essay by former Prosecutor of the ICC…
A picture shows a general view of the Israeli settlement of Givat Zeev, near the Palestinian city of Ramallah in the occupied West Bank, on February 3, 2023

Israel is Annexing the West Bank. Don’t be Misled by its Gaslighting

Three indicators can show a change in the legal status of a territory, demonstrating de jure annexation, even without a formal declaration. Under this test, Israel is presently…
Military unmanned aerial vehicle at sunset.

Rephrasing the “Ethical Checklist”: Grappling with Tough Foreign Policy Choices

How can states pursue more ethical, value-based approaches to foreign policy amidst competing priorities and strategic realities?
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