Military
843 Articles

Professional Responsibility and the Boat Strikes
Legal and ethical debates surge around unreleased OLC memo on lethal boat strikes in the Caribbean, with growing calls for transparency and scrutiny of military lawyers.

Unlawful Orders and Killing Shipwrecked Boat Strike Survivors: An Expert Backgrounder
An expert backgrounder on the reported Hegseth "no quarter" order to kill everyone aboard a suspected drug boat in the Caribbean on Sept. 2.

Could “A House of Dynamite” Spark a Public Rethink of Nuclear Risk?
There’s no shortage of opportunities to reduce the chances that a war game – or the plot of “Dynamite” – is never played out in real-time.

Persecuting the Prosecutors: Israel’s Military Lawyers Under Pressure
The weakening of the Military Advocate General affects the IDF's ability to carry out its missions lawfully, and the broader protection of the rule of law in Israel.

As Trump Presses for a Post-Maduro Venezuela: Questions, Lessons, and Warnings for the Aftermath
As the Trump administration positions for possible military strikes, it would be wise to prepare for looming governance and stability challenges in Venezuela.

Ukraine’s Zelenskyy Has Options in Response to Latest U.S.-Russian ‘Peace Plan’
The plan is a mess, but Ukrainians are right to try to work with the draft rather than reject it out of hand.

From Secret Law (2001-2024) to None at All (2025-present)
The Trump administration's lethal strikes are the apotheosis of the last quarter century's often always secret and often unreviewable executive branch legal reasoning.

Trump’s Nuclear Testing Remark Was a Signal — Not a Strategy
The science is sound, the stockpile is strong, and the call to test a nuclear bomb has no technical foundation. Resuming testing would not make America safer.

Hypothetical Legal Review of Narcotrafficking Strikes
A mock “operational legal review” depicting what a staff judge advocate’s advice should have been prior to the first reported strike on an alleged drug trafficking vessel.

Much Work to Do and No Time to Waste: Mitigating Civilian Harm in an Asia-Pacific Conflict
Civilian harm is not entirely avoidable during armed conflict, but it can be anticipated and its severity limited. In Asia-Pacific, this depends entirely on steps taken now.

The International Law Obligation of States to Stop Intelligence Support for U.S. Boat Strikes
The only way States can avoid complicity in “arbitrary killings” under international human rights law is to refrain from sharing intelligence that, in part, enables them.

Soldiers in Robes: Why Military Lawyers Can Not and Should Not Serve as Immigration Judges
DOJ’s recent decision to appoint several military lawyers, or JAGs, to serve as immigration judges is not only against the law, but a bad idea.