International Humanitarian Law (IHL)
648 Articles
Troubling proportionality and rule-of-distinction provisions in the Law of War Manual
Oona Hathaway is absolutely right to be alarmed, and deeply concerned, about the “civilians’ assumption of risk” provisions in the new DoD Law of War Manual. If you haven’t…
The Law of War Manual’s Threat to the Principle of Proportionality
On Saturday, I had the honor of speaking to the Médecins Sans Frontières (MSF) USA General Assembly. In preparing for my talk last week, I came across a section of the US Defense…
“Material Support” and Targeting
Ken Watkin’s thoughtful piece last week — Reflections on Targeting: Looking in the Mirror — addressed the debate on the targeting of war-sustaining economic enterprises as…
Reflections on Targeting: Looking in the Mirror
Questions about targeting the “money” of the self-styled Islamic State (IS) have been raised in this forum. Images of missile strikes on financial warehouses and money floating…
Roof Knocking and the Problem of Talking With Bombs
“Roof knocking” is a controversial method of bombing ostensibly intended to minimize civilian casualties. Israel introduced the method in its campaign in Gaza in 2008–2009,…
What the Kunduz Report Gets Right (and Wrong)
Over the past week, many thoughtful posts have appeared, here and elsewhere, reacting to the US military’s report on the 2015 airstrike of a Médicins Sans Frontières (MSF)…
US Government Concludes no “War Crimes” in Kunduz Strike, But Fails to Explain Why
The US government’s 120-page report on the Kunduz airstrike — in which US forces killed 42 civilians and destroyed a Médicins Sans Frontières hospital — found that US forces…
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…