International Humanitarian Law (IHL)

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[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…
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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…
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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:…
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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…
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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…
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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…
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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…
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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…
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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…
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When Did the War With al-Qaeda Start?

On Wednesday, the DC Circuit is scheduled to hear oral arguments on a request to halt the military commission prosecution of Guantánamo detainee Abd al-Rahim Hussein al-Nashiri.…
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Is Money a Legitimate Target?

Last month, the United States targeted a “cash distribution site” where millions of dollars belonging to ISIS had reportedly been stored. The target was considered so valuable…

Siege Warfare and the Starvation of Civilians as a Weapon of War and War Crime

“Let me be clear: The use of starvation as a weapon of war is a war crime.” These are the words of UN Secretary General Ban Ki-Moon, uttered in connection with the starvation…
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