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Use of Force

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A Saudi female journalist films damage at a market for vehicles on August 27, 2016 in the Saudi border city of Najran, a week after it was struck by a rocket fired from Yemen.

The Yemen Project: Open Source Investigations and the Law of War

An unprecedented open source investigation aids the legal analysis of allegedly unlawful strikes by the Saudi-led coalition, but also has limits in reaching legal conclusions under…
Popular Mobilization Forces members stand by a burning truck after a drone attack near Qaim border crossing, in Anbar province, Iraq Sunday, Aug. 25, 2019.

Questions on Legality of Israeli Strikes in Iraq and Lebanon

A flurry of news reports during the final week of August detailed recent Israeli air strikes against Iranian affiliated groups in Iraq, Lebanon, and Syria. The Washington Post…
Iran's Ambassador to the United Nations (UN) Majid Takht Ravanchi holds up maps of the Strait of Hormuz while speaking to the media before a meeting with other UN members on the escalating situation with the United States At United Nation headquarters on June 24, 2019 in New York City.

Proportionality and 150 Iranian Lives: Do They “Count”?

General (ret.) Ken Watkin explains why assessing civilian casualties in the jus ad bellum proportionality analysis is the right approach.
Side-by-side portraits of Secretary Mark Esper, Department of Defense General Counsel Paul Ney and General Mark Milley.

Revisiting General Counsel Ney’s Speech in Light of New Pentagon Leadership

Former Department of Defense official (OSD) Luke Hartig critiques General Counsel Paul Ney's recent speech on the framework governing US military operations.
US Secretary of the Army Mark Esper, nominee to be Secretary of Defense, testifies during a Senate Armed Services Committee confirmation hearing on Capitol Hill in Washington, DC, July 16, 2019.

What Did We Learn About Mark Esper and How He Views the World?

From Iran to Afghanistan to collective self-defense, the big takeaways from the Senate confirmation hearing for Mark Esper, nominated by the president to be defense secretary.…
Iran's Ambassador to the United Nations Majid Takht Ravanchi holds up maps of the Strait of Hormuz while speaking to the media before a meeting with other UN members on the escalating situation with the United States At United Nation headquarters on June 24, 2019 in New York City.

Iran’s Shifting Views on Self-Defense and ‘Intraterritorial’ Force

Iran’s justification for shooting down a US drone suggests a subtle shift in its understanding of international law.
A laptop displays a message after being infected by a ransomware as part of a worldwide cyberattack on June 27, 2017 in Geldrop.

Cyberattack Attribution and the Virtues of Decentralization

In the midst of rising tensions between the United States and Iran over tanker attacks and Iran’s downing of a U.S. drone, reports emerged that U.S. Cyber Command had launched…
Estonian President Kersti Kaljulaid speaks to open the Estonian parliament Riigikogu's first opening sitting after elections on April 4, 2019 in Tallinn.

Estonia Speaks Out on Key Rules for Cyberspace

Estonian President Kaljulaid stakes out a bold position on collective countermeasures in cyberspace and clarifies the obligation of due diligence.
US National Security Advisor John Bolton speaks at the United Against Nuclear Iran Summit in New York on September 25, 2018.

Bolton’s Stated Predicate for War With Iran Doesn’t Work

"Bolton has repeatedly threatened that Iran’s support for its 'proxies' could bring 'a very strong response'—even military force. By threatening military action against Iran…

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…
Paul Ney gives a talk at IDF

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…
U.S. Secretary of State Mike Pompeo (R) and Israeli Prime Minister Benjamin Netanyahu talk during the group photo at the Ministerial to Promote a Future of Peace and Security in the Middle East on February 14, 2019 in Warsaw, Poland.

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…
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