International Humanitarian Law (IHL)
648 Articles
The False Choice of Opposing Torture or Endless War: A Response to Samuel Moyn
In a thoughtful guest post Samuel Moyn has continued and deepened a debate we began in the pages of the current issue of Dissent on the relative merits of opposing war itself and…
The Special Rapporteur on Torture’s Report on Extraterritoriality Speaks to Migrant Crisis
The United Nations Special Rapporteur on Torture, Juan E. Méndez, has issued a new expert’s report (his 17th)—this one on extraterritoriality. (JustSecurity’s extensive…
Was the Kunduz Strike a War Crime?
As reports poured in over the weekend that the United States bombed a Médecins Sans Frontières (MSF) hospital in Kunduz, Afghanistan, killing at least 12 MSF staff members and…
When Do Countries Have to Investigate War Crimes?
In late August, the New York Times and others reported that the US Army had reopened a criminal investigation into the murders of at least 17 civilians in Afghanistan in 2012 and…
Amb. Stephen Rapp on Sri Lanka’s War Crimes Investigation
At the end of August, the United States announced that it would support Sri Lanka’s plan for investigating alleged war crimes that occurred during the final years of the country’s…
DOD is Still Wrong About Target Selection and Civilians
Editor’s Note: Just Security is holding a “mini forum” on the new Defense Department Law of War Manual. This series includes posts from Sean Watts, Eric Jensen, Geoffrey…
The Defense Department Stands Alone on Target Selection
A deeply troubling provision in the Defense Department’s new Law of War Manual suggests that commanders are not legally required to minimize civilian casualties when selecting…
Human Shields and Proportionality: A Reply to Charlie Dunlap
In its new Law of War Manual, the Defense Department takes the position that harm to human shields, no matter how extensive, will be “understood not to prohibit attacks under…
Human Shields and the DOD Law of War Manual: Can’t We Improve the Debate?
In a recent post, Prof. Adil Ahmad Haque attacked the new Defense Department Law of War Manual’s position on proportionality and human shields. Evidently, Haque thinks that the…
Reflections on the Israeli Report on the Gaza Conflict
During last year’s Operation Protective Edge, a fascinating data visualization published in Medium revealed the extent of political polarization on Israel and Gaza and the scarcity…
The Defense Department’s Indefensible Position on Killing Human Shields
The Defense Department apparently thinks that it may lawfully kill an unlimited number of civilians forced to serve as involuntary human shields in order to achieve even a trivial…
What Civilians Themselves Say about Targeting and their Participation in Conflict
“What I think is that there is no line at all … Civilians can turn into fighters at any time. Anybody can change from a fighter to a civilian, all in one day, all in one moment.”…