Distinction
16 Articles
Law of War Questions Raised by Exploding Pagers in Lebanon
The exploding pagers in Lebanon raise a number of factual and legal questions related to the obligations of the attacker under the law of armed conflict.
The Prohibition on Indiscriminate Attacks: The US Position vs. the DoD Law of War Manual
Timely analysis especially given recent U.S. government condemnations of Russia's indiscriminate attacks in Ukraine.
Embedding Gender in International Humanitarian Law: Is Artificial Intelligence Up to the Task?
The laws of war can sanction uses of force with gendered consequences. Encoding IHL principles into AI systems may reinforce - or correct for - these disparate impacts.
COVID-19 and International Law Series: International Humanitarian Law – Conduct of Hostilities
Airstrikes on hospitals. Targeting medical personnel. Cutting off water supplies. Respect for IHL rules is as essential as ever during a pandemic. How do principles of distinction,…
An Overview of International Humanitarian Law in France’s New Cyber Document
France's positions explained - with translations of key text - on important issues like the meaning of "attack" and the application of the principles of distinction and proportionality…
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…
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…
“Reasonable Certainty” vs “Near Certainty” in Military Targeting–What the Law Requires
Former deputy legal counsel to the Chairman of the Joint Chiefs of Staff, Commander (ret.) Mike Adams and former Special Counsel to General Counsel of the Dep’t of Defense, Ryan…
Campaign Promises of War Crimes: Now a Stain on the Military
As we try to figure out what happened in Yemen during the U.S. military raid on January 28th, there are a host of questions that remain unanswered. Here, we explore another very…
Thoughts on Distinction and Proportionality in the December 2016 Revision to the Law of War Manual
The new revisions to the DoD Law of War Manual that the Department of Defense released last week are welcome in several respects. Four improvements are especially noteworthy:…
The DoD Law of War Manual and the False Appeal of Differentiating Types of Civilians
In a recent speech at NYU, Department of Defense General Counsel Jennifer O’Connor suggested that after an impending revision, the US Law of War Manual would reflect the position…
Two lingering concerns about the forthcoming Law of War Manual amendments
We commend Department of Defense General Counsel Jennifer O’Connor for her very important speech at NYU Monday evening—especially for her vivid, detailed account of how the…