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USTR Robert Lighthizer swears in Deputy USTR C.J. Mahoney, who is accompanied by his wife Becca.

Questions the Senate Should Ask State Legal Adviser Nominee CJ Mahoney

The State Department Legal Adviser is the most senior U.S. lawyer responsible for ensuring the United States upholds its international legal obligations, which is now, more than…
US Defense Secretary Mark Esper (L) and Chairman of the Joint Chiefs of Staff General Mark A. Milley, testify about the Defense department budget during a Senate Armed Services Committee hearing on Capitol Hill in Washington, DC, March 4, 2020.

DOD’s New Ex Gratia Policy: What’s Right, What’s Wrong, and What’s Next

On June 22, the Department of Defense (DOD) issued an interim policy regulation for providing ex gratia payments to civilians harmed as a result of U.S. military operations. It…
Smoke billowing out of buidlings following a coalition air strike in the western al-Daraiya neighbourhood of the embattled northern Syrian city of Raqa on September 5, 2017.

Toward a Consistent and Coherent Ex Gratia Policy for Civilian Casualties

The summer of 2017 was an extended nightmare for the Badrans. Over the course of several weeks, 39 members of Rasha Badran’s family, most of them women and children, were killed…
Norway signs the United Nations Charter and other country representatives stand behind at the The San Francisco Conference, 25 April - 26 June 1945.

The United Nations Charter at 75: Between Force and Self-Defense — Part Two

A more complete view of the UN Charter explains why there are no unwritten exceptions to the prohibition of force.
Norway signs the United Nations Charter and other country representatives stand behind at the The San Francisco Conference, 25 April - 26 June 1945.

The United Nations Charter at 75: Between Force and Self-Defense — Part One

As we celebrate the Charter’s seventy-fifth birthday, a deep dive into its negotiating history shows that the right of self-defense under Article 51 is triggered by an act of…
The guided-missile cruiser USS Vella Gulf (CG 72) fires a close-in weapons system during a live-fire exercise, April 27, 2020.

On Iranian Gunboats: Beware Conflating American and Mainstream Views of the Law

In a recent essay in Just Security entitled “Iranian Gunboat Harassment and the Rules of Engagement,” Michael Schmitt and Durward Johnson explore important questions raised…
A doctor speaks with a patient during an online consultation session at a hospital in Shenyang in China's northeastern Liaoning province on February 4, 2020.

Oxford Statement on the International Law Protections Against Cyber Operations Targeting the Health Care Sector

In advance of Friday, May 22 Arria-Formula meeting of the United Nations Security Council.
Two U.S. Air Force F-22 Raptors fly above Syria in support of Operation Inherent Resolve, Feb. 2, 2018.

The Fatal Flaw in DOD’s Latest Civilian Casualties Report

Lawmakers and even the Trump administration have increasingly expressed concern about the United States waging an “endless war,” and among those concerns is the impact on civilians…
A medical staff at Damascus Countryside Specialised Hospital holds a placard reading, "Assad Sees no Red Lines, Only Green Lights!!"condemning a suspected chemical weapons attack on the Syrian town of Khan Sheikhun.

The Syrian War’s Forcing Effect on International Law

A new book by Scharf, Sterio, and Williams demonstrates how global legal standards have shifted with the increasing complexity of war.
US Army from NATO and Afghan commando forces at a checkpoint during a patrol against Islamic State militants at the Deh Bala district in the eastern province of Nangarhar Province. There are multiple vehicles around the checkpoint.

Grading DOD’s Annual Civilian Casualties Report: “Incomplete”

The new information demonstrates how much progress the department has made and yet how much of a paradigm shift is still needed for full accountability.
Electronics Technician 2nd Class Hao Lienh, assigned to Commander Task Force 56, wears a face mask and stands watch on a Mark VI Patrol Boat before a weapons sustainment exercise in the Arabian Gulf, April 16, 2020.

Iranian Gunboat Harassment and the Rules of Engagement

What to make of Trump's order to “shoot down and destroy” lranian boats that harass US vessels. International law and Standing Rules of Engagement place significant limits.
Speaker of the House Nancy Pelosi and Marine Corps Gen. Thomas Waldhauser, commander, U.S. Africa Command, shake hands as she steps out of a car during a visit April 13, 2019 in Stuttgart, Germany.

Great Expectations: AFRICOM’s New Quarterly Report on Civilian Casualties

A look at circumstances under which civilian casualties may occur in Somalia, why the US military may be under-reporting the numbers, and what to do about it.
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