International Humanitarian Law (IHL)
648 Articles
Proportionality and 150 Iranian Lives: Do They “Count”?
General (ret.) Ken Watkin explains why assessing civilian casualties in the jus ad bellum proportionality analysis is the right approach.
Part II: The Muddy Middle: Challenges of Applying Use of Force Policy Guidance in Practice
In part two of a three-part series, the authors explain how new operational models for both why and how the U.S. used force outside areas of active hostilities created tensions…
The Muddy Middle: The Disappearing Lines in America’s Counterterrorism Wars and How to Restore Order
In three articles, the authors explain how the lines have blurred between U.S. military operating procedures for use of force in hot war zones versus outside areas of active hostilities…
U.S. Has Legal and Moral Responsibility to Protect Civilians at Rukban in Syria
With the U.S. in control of the at-Tanf region of Syria, both international humanitarian law and basic morality dictate that the U.S. ensure vital supplies reach the civilians…
The International Security Echo-Chamber: Getting Civil Society Into the Room
It is time to make sure the public fully understands the harmful impacts of their governments’ interventions on the lives of others, and to reaffirm that security can be built…
Revisiting General Counsel Ney’s Speech in Light of New Pentagon Leadership
Former Department of Defense official (OSD) Luke Hartig critiques General Counsel Paul Ney's recent speech on the framework governing US military operations.
U.K. Court Nixes Saudi Arms Sales–What it Means for the US and Other EU Countries
The court ruled, in essence, that in making decisions on arms sales, the U.K. government could no longer ignore uncomfortable facts. The result also could provide guidance to other…
Tom Lantos Commission: Enhancing U.S. Ability to Pursue Accountability for Atrocities
I had the honor of testifying last week before the Tom Lantos Human Rights Commission at a hearing devoted to “Pursuing Accountability for Atrocities.” My written testimony…
Defense Policy Bill Should Require Reporting of Ex Gratia Payments
Without mandatory reporting on condolence payments in the National Defense Authorization Act, Congress—and the public—may remain in the dark about whether and how the Defense…
What’s In the New Draft National Defense Authorization Act
"The baseline draft bill, which is also called the chairman’s mark, touches on key issues ranging from the militarization of the southern border to deterring Russia and reemphasizing…
The Malvinas as a Post-Bellum Case Study: From Decolonization to the Memory of the Departed
After the International Court of Justice's Chagos opinion, the right to self-determination remains contested. But Malvinas is also a model for post-bellum diplomacy. What does…
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…