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Tag Archive: IHL

Violence in Cyberspace: Are Disruptive Cyberspace Operations Legal under International Humanitarian Law?

It is already widely acknowledged that cyberspace has become the fifth domain of warfare, and militaries around the world are training various cyber units, who will be supporting military operations, both by defending cyber infrastructure, and by engaging in cyber-attacks, with the purpose of manipulating, interrupting, and damaging the computer systems and networks of the enemy.…   continue »

Letter to the Editor: Response to A Right to Fight?

My sincere thanks to Prof. Adil Haque for engaging with me in a debate, both here and at Opinio Juris, over the moral function of the laws of war. To recap, Adil proposed lowering the threshold for non-international armed conflict (NIAC) to approximate the standard for international armed conflict (IAC), with the noble intention of ensuring humanitarian protections and accountability in the context of “first strikes” by states against armed groups.…   continue »

Trump’s “Safe Areas” in Syria — An Explainer on International Law

In an interview on Wednesday with ABC, President Donald Trump said he would “absolutely do safe zones in Syria.” The leaked draft of the Executive Order “Protecting the Nation from Terrorist Attacks by Foreign Nationals” directs the Secretary of State, in conjunction with the Secretary of Defense, to “produce a plan to provide safe areas in Syria and in the surrounding region in which Syrian nationals displaced from their homeland can await firm settlement, such as repatriation or potential third-country resettlement.  continue »

A Right to Fight?

Do the laws of war give soldiers a right to fight, irrespective of their cause and free from other constraints? Or are the laws of war merely one set of constraints among others? In previous posts, I took the view that the laws of war constrain but do not authorize the use of deadly force during armed conflict (see here and here).  continue »

New Symposium Scholarship on Human Shields

We have covered on these pages the legal and moral issues surrounding the use of human shields in contemporary armed conflict situations. The American Society of International Law, in a new partnership with Cambridge Press, released yesterday its first symposium edition of the American Journal of International Law Unbound, which provides stereoscopic perspectives on this phenomenon, which has become “endemic” in modern warfare.…   continue »

Letter to the Editor: Response to The Laws of War: Their Nature and Moral Function

Earlier this month, I entered the fray in a stimulating debate over Prof. Adil Haque’s innovative proposal to lower the threshold for defining non-international armed conflict (NIAC). In particular, I expressed deep concern over Adil’s idiosyncratic view that the application of international humanitarian law (IHL) in no way displaces, modifies, or reduces the protections of otherwise applicable domestic law or international human rights law (IHRL).…   continue »

Oxford Guidance on Humanitarian Relief Operations: Comments on Arbitrarily Withholding Consent and the Status of the Guidance

[Just Security and EJIL Talk! are co-hosting an online forum on the Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflict, which was commissioned by the UN Office for the Coordination of Humanitarian Affairs on the request of the UN Secretary-General.…   continue »