International Humanitarian Law (IHL)
641 Articles
Are all “members” of ISIL targetable?
Rita Siemion and Heather Brandon of Human Rights First have published a comprehensive post on some of the more important aspects of Brian Egan’s speech to ASIL. (My own…
A brief response to Gabor Rona on the use of force by non-military personnel
Gabor Rona is correct, of course, that (absent a later-in-time statutory override) U.S. use of force must comply with international law, regardless of the identity of the U.S.…
When Considering CIA Targeted Killings, Don’t Forget International Law!
Last week, Marty Lederman addressed the legality and wisdom of CIA engagement in targeted killings under domestic law. Applicable international law, however, suggests that CIA…
[UPDATED–Now with VIDEO] ASIL Speech by State Legal Adviser Egan on international law and the use of force against ISIL
Brian Egan, the new State Legal Adviser — and until recently the Legal Adviser to the National Security Council — just delivered this speech to the American Society of International…
Georgetown Law panel on DOD Law of War Manual
Unfortunately, it appears that Oona’s ASIL panel on the new Law of War Manual yesterday was not recorded. I hope that perhaps some who attended will be able to convey some…
The Law of War Manual Debate Goes to ASIL
Today, at the American Society of International Law Annual Meeting, I will be moderating a panel of on the US Department of Defense’s new Law of War Manual. (Full disclosure:…
Yes, We Can Lawfully Target Islamic State Trainees Preparing to Conduct Terrorist Attacks in Europe and Elsewhere
In the aftermath of the horrific terrorist attacks in Brussels, and amid reports that ISIL has not only claimed responsibility for the attacks, but has also trained “400 fighters…
Determining When the Armed Conflict With Al-Qaeda Started
A panel of the DC Circuit recently held oral arguments in the case of Abd al Rahim al-Nashiri — a Saudi man accused of involvement in numerous terrorist plots and attacks against…
Hostile Intent and Civilian Protection: Lessons From Recent Conflicts
Is a driver speeding toward a military checkpoint launching a suicide attack or racing his pregnant wife to the hospital? Is a local man digging on a roadside at night planting…
War Crimes and the Use of Improvised and Indiscriminate Weapons in Syria
Editor’s note: This is the latest in a continuing series about alleged war crimes in Syria. You can find the previous installments here and here. While several sides of the conflict…
Are People in Islamic State Training Camps Legitimate Targets?
As of March 1st, the US-led anti-Islamic State (IS) coalition had conducted a total of 10,715 strikes, including 7,159 in Iraq and 3,556 in Syria. Much concern has been expressed…
How Should International Law Deal With Doubt in the Era of Drones and Big Data?
Recent reports on the NSA’s use of metadata and machine learning to generate intelligence for drone strikes in Pakistan spotlights the somewhat less-discussed legal concerns…