Armed Conflict
Use of Force
823 Articles
A Critique of Defense Dept General Counsel Ney’s Remarks on the Law of War
"The law of war applies equally to U.S. forces and to ISIS, to Syria and to Russia. We should keep that in mind when we hear Ney recite Lieber’s dictum, 'The more vigorously…
Remarks by Defense Dept General Counsel Paul C. Ney Jr. on the Law of War
The General Counsel of the U.S. Department of Defense, Hon. Paul C. Ney Jr., delivered the keynote address (full text below) at the Israel Defense Forces 3rd International Conference…
Trump’s Golan Policy and Its Threat to the Post-War International Legal Order
Yale Law professors Oona Hathaway and Scott Shapiro, authors of an award-winning book on the use of force, respond directly to a Wall Street Journal op-ed by Secretary of State…
‘Flying Ginsu’ Missile Won’t Resolve U.S. Targeted Killing Controversy
Proponents of a new, modified Hellfire missile called the R9X tout it as a game-changer that can spare more civilian lives than traditional Hellfires. But the new technology can…
Barr’s Playbook: He Misled Congress When Omitting Parts of Justice Dep’t Memo in 1989
When Bill Barr was head of Office of Legal Counsel, he gave Congress the legal conclusions and reasoning of an important Justice Department memo but left out major portions of…
Transparency on Civilian Harm in Somalia Matters – Not Just to Americans
"Under the Bush, Obama, and Trump administrations, much of the commentary on the use of lethal force in counterterrorism operations has focused on the importance of transparency…
The Golan Heights and the Perils of “Defensive Annexation”
Trump's recognition of Israeli sovereignty over the Golan Heights departs from the bedrock legal prohibition of unilateral annexation: transgressing this norm could create dangerous…
Costs of War Can’t Be Assessed Without Official Civilian Casualty Estimates
A response to Maj. General Charles Dunlap and others who argue that tracking civilian casualties is like tallying "body counts" in Vietnam.
An Insider’s View of the Life-Cycle of Self-Defense Reports by U.N. Member States
Important essay by Pablo Arrocha Olabuenaga, Legal Adviser of the Permanent Mission of Mexico to the United Nations, written in his personal capacity.
Diverging State views…
Less Transparency Won’t Fix a Lack of Transparency: A Response to Gen. Dunlap on Civilian Casualty Reporting Requirements
"Dunlap’s perspective is a valuable one, and a robust debate on the parameters of transparency around U.S. counterterrorism operations is warranted. But mischaracterizing the…
Legal Explainer: German Court Reins in Support for U.S. Drone Strikes
Unpacking the legal issues discussed in this major decision by German court.
New U.K. Border Security Law: A Frightening Response to the Skripal Poisoning
The British Home Office has quietly gone about making it easier to detain and interrogate travelers at its borders without "reasonable suspicion," and with little public notice.