International Humanitarian Law (IHL)
723 Articles
Aiding and Abetting for Saudi War Crimes: Lessons from Holder v. Humanitarian Law Project
In 2010, human rights organizations argued in Holder v. Humanitarian Law Project that if we want to promote compliance with the law of armed conflict, we cannot punish advocacy…
Two U.S. Positions on the Duty to Ensure Respect for the Geneva Conventions
When should the U.S. government reverse a previous U.S. interpretation of a treaty? Should there be a presumption against doing so, and what process and substantive reasons should…
Trump’s Calls to Pillage Iraqi Oil
In his appearance with Secretary Clinton at NBC’s Commander-in-Chief Forum earlier this month, Donald Trump called for actions that amount to a war crime. Addressing US policies…
The Updated First Geneva Convention Commentary, DOD’s Law of War Manual, and a More Perfect Law of War: Part III
This third post of a series on the ICRC’s Updated Commentary on the First Geneva Convention of 1949 offers some concluding observations and further comparisons with the recent…
The ICRC Updated Commentaries: Reconciling Form and Substance, Part II
Last week, I left off my exploration of the International Committee of the Red Cross’s (ICRC) 2016 Updated Commentaries on the First Geneva Convention of 1949 by asking…
Evaluating Proportionality and Long-Term Civilian Harm under the Laws of War
As noted by Alex Whiting in his piece last week, the law of armed conflict, or international humanitarian law (IHL), contains broad principles and prohibitions that are applied…
The ICRC Updated Commentaries: Reconciling Form and Substance, Part I
Sean Watts’ July 5, 2016 post focuses attention on two significant documents intended to clarify “how best to read and understand the law of war” in the 21st Century: the…
Chemical Weapons Use Returns to Syria
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
The Updated First Geneva Convention Commentary, DOD’s Law of War Manual, and a More Perfect Law of War: Part II
Earlier this month, I commented on the similarities and differences between the Updated Commentary on the Geneva Conventions of 1949 and the US Defense Department’s new Law…
A quick response to John Merriam on proportionality and military medical personnel
Thanks very much to John Merriam for his very thoughtful and insightful post responding to my concerns about the Law of War Manual‘s treatment of how the principle of proportionality…
Must Military Medical and Religious Personnel Be Accounted for in a Proportionality Analysis?
In a recent post, Marty Lederman echoed criticisms previously leveled by Oona Hathaway about the US DOD’s Law of War Manual. The thrust of their criticism is that several Manual…
The Updated First Geneva Convention Commentary, DOD’s Law of War Manual, and a More Perfect Law of War, Part I
It is difficult to overstate the importance of the 1949 Geneva Conventions. Nearly synonymous with the law of war itself, the universally ratified 1949 Conventions are not merely…