Direct Participation in Hostilities
6 Articles
A brief response to Gabor Rona on the use of force by non-military personnel
Gabor Rona is correct, of course, that (absent a later-in-time statutory override) U.S. use of force must comply with international law, regardless of the identity of the U.S.…
When Considering CIA Targeted Killings, Don’t Forget International Law!
Last week, Marty Lederman addressed the legality and wisdom of CIA engagement in targeted killings under domestic law. Applicable international law, however, suggests that CIA…
Yes, We Can Lawfully Target Islamic State Trainees Preparing to Conduct Terrorist Attacks in Europe and Elsewhere
In the aftermath of the horrific terrorist attacks in Brussels, and amid reports that ISIL has not only claimed responsibility for the attacks, but has also trained “400 fighters…
Are People in Islamic State Training Camps Legitimate Targets?
As of March 1st, the US-led anti-Islamic State (IS) coalition had conducted a total of 10,715 strikes, including 7,159 in Iraq and 3,556 in Syria. Much concern has been expressed…
How Should International Law Deal With Doubt in the Era of Drones and Big Data?
Recent reports on the NSA’s use of metadata and machine learning to generate intelligence for drone strikes in Pakistan spotlights the somewhat less-discussed legal concerns…
War-Sustaining Activities and Direct Participation in the DOD Law of War Manual
In a recent post on Lawfare, Butch Bracknell discussed the use of leaflets by the United States to warn truck drivers transporting oil for ISIL of an impending attack. Bracknell…
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