International Humanitarian Law (IHL)

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US Defense Secretary Mark Esper (L) and Chairman of the Joint Chiefs of Staff General Mark A. Milley, testify about the Defense department budget during a Senate Armed Services Committee hearing on Capitol Hill in Washington, DC, March 4, 2020.

DOD’s New Ex Gratia Policy: What’s Right, What’s Wrong, and What’s Next

On June 22, the Department of Defense (DOD) issued an interim policy regulation for providing ex gratia payments to civilians harmed as a result of U.S. military operations. It…
Smoke billowing out of buidlings following a coalition air strike in the western al-Daraiya neighbourhood of the embattled northern Syrian city of Raqa on September 5, 2017.

Toward a Consistent and Coherent Ex Gratia Policy for Civilian Casualties

The summer of 2017 was an extended nightmare for the Badrans. Over the course of several weeks, 39 members of Rasha Badran’s family, most of them women and children, were killed…
Injured Iraqis classified as enemy prisoners of war walk into a medevac helicopter as they are transferred from the 28th Combat Support Hospital, about 25 kilometers south west of Baghdad, 15 July, 2003, to Camp Cropper, a prison camp at the Saddam International Airport in Baghdad.

New Developments in ICRC Commentaries to the POW Convention

On Tuesday, June 16 the International Committee of the Red Cross (ICRC) launched its updated Commentary to the Geneva Convention III Relative to the Treatment of Prisoners of War…
The entrance near the new courtroom at Guantanamo Bay, Cuba.

Jurisdiction at Guantanamo: The Case of Long-Term Complicity

The commission should stop asking whether the acts of facilitation occurred during an armed conflict. Rather, the commission should be asking whether the defendants facilitated…
Syrian men evacuate children from the rubble of destroyed buildings following reported government airstrike on the rebel-held town of Douma, on the eastern outskirts of the capital Damascus, on February 25, 2017.

Time to Move Beyond the Rhetoric of Protecting Civilians in Conflict

In his annual protection report to the United Nations Security Council, released this month, U.N. Secretary-General Antonio Guterres has issued a clear call to parties to conflict…
A doctor speaks with a patient during an online consultation session at a hospital in Shenyang in China's northeastern Liaoning province on February 4, 2020.

Oxford Statement on the International Law Protections Against Cyber Operations Targeting the Health Care Sector

In advance of Friday, May 22 Arria-Formula meeting of the United Nations Security Council.
Afghan security personnel arrive at the site of an attack outside a hospital in Kabul on May 12, 2020.

Beyond Reproach: Legal, Political, and Social Implications of the Recent Attack on a Maternity Ward in Afghanistan

Childbirth is a trepidatious experience for every expectant mother anywhere in the world. Imagine, then, being in a maternity ward that comes under a blaze of gunfire. On May 12,…
A Yemeni man looks at graffiti protesting against US drone strikes on September 19, 2018 in Sana'a, Yemen.

U.S. Fails to Acknowledge Killing Yemeni Civilians

A Yemen-based human rights organization has documented the impact of U.S. air strikes for the last seven years. The results contradict DOD's report.
Two U.S. Air Force F-22 Raptors fly above Syria in support of Operation Inherent Resolve, Feb. 2, 2018.

The Fatal Flaw in DOD’s Latest Civilian Casualties Report

Lawmakers and even the Trump administration have increasingly expressed concern about the United States waging an “endless war,” and among those concerns is the impact on civilians…
Afghan men gather near the road as a military convoy by soldiers from the 1st Platoon, 1-64 Armoured Batallion, US Army - operating under NATO - roll-past security patrols at Morghan-Kecha village in Daman district, Kandahar on September 6, 2012.

Here’s What the New DoD Policy on Civilian Harm Should Include

It should standardize good practice and set the bar where it belongs: safeguarding civilian life from the effects of U.S. military operations.
US Army from NATO and Afghan commando forces at a checkpoint during a patrol against Islamic State militants at the Deh Bala district in the eastern province of Nangarhar Province. There are multiple vehicles around the checkpoint.

Grading DOD’s Annual Civilian Casualties Report: “Incomplete”

The new information demonstrates how much progress the department has made and yet how much of a paradigm shift is still needed for full accountability.
Secretary-General Antonio Guterres prepares for a virtual press hearing at a desk with a blue backdrop behind him with the United Nations logo.

National Security at the United Nations This Week (April 25-May 1)

(Editor’s Note: This is the latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security,…
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