ICRC
55 Articles
Between the Law of Force and the Law of Armed Conflict
Last week, I argued in favor of the ICRC’s position that if one state uses armed force in the territory of another state then an international armed conflict (IAC) arises between…
Whose Armed Conflict? Which Law of Armed Conflict?
When one state, say, the United States, uses military force on the territory of another state, say, Syria or Pakistan, without the consent of that state, what legal rules constrain…
Triggers and Thresholds of Non-International Armed Conflict
When and where does the law of non-international armed conflict apply? Since most contemporary armed conflicts are fought between states and organized armed groups, or between…
Two U.S. Positions on the Duty to Ensure Respect for the Geneva Conventions
When should the U.S. government reverse a previous U.S. interpretation of a treaty? Should there be a presumption against doing so, and what process and substantive reasons should…
The Updated First Geneva Convention Commentary, DOD’s Law of War Manual, and a More Perfect Law of War: Part III
This third post of a series on the ICRC’s Updated Commentary on the First Geneva Convention of 1949 offers some concluding observations and further comparisons with the recent…
The ICRC Updated Commentaries: Reconciling Form and Substance, Part II
Last week, I left off my exploration of the International Committee of the Red Cross’s (ICRC) 2016 Updated Commentaries on the First Geneva Convention of 1949 by asking…
The ICRC Updated Commentaries: Reconciling Form and Substance, Part I
Sean Watts’ July 5, 2016 post focuses attention on two significant documents intended to clarify “how best to read and understand the law of war” in the 21st Century: the…
The Updated First Geneva Convention Commentary, DOD’s Law of War Manual, and a More Perfect Law of War: Part II
Earlier this month, I commented on the similarities and differences between the Updated Commentary on the Geneva Conventions of 1949 and the US Defense Department’s new Law…
The Updated First Geneva Convention Commentary, DOD’s Law of War Manual, and a More Perfect Law of War, Part I
It is difficult to overstate the importance of the 1949 Geneva Conventions. Nearly synonymous with the law of war itself, the universally ratified 1949 Conventions are not merely…
Challenges New Weapons and Humanitarian Assistance Present for International Law
Editor’s Note: This is the fourth post in a miniseries about the International Committee of the Red Cross’s newly released Report on International Humanitarian Law and the…
Foreign Fighters, Mercenaries, and Private Military Companies Under International Law
Editor’s Note: This is the third post in a miniseries about the International Committee of the Red Cross’s newly released Report on International Humanitarian Law and the Challenges…
International Law, Targeting, and Detention in the Age of International Terrorism
Editor’s Note: This is the second post in a miniseries about the International Committee of the Red Cross’s newly released Report on International Humanitarian Law and the…