International Humanitarian Law (IHL)
723 Articles
Road Map II: Legal Avenues to Prosecute a US Citizen for War Crimes—The Case of Gotabaya Rajapaksa
This is the second post arising out of a presentation I made at a congressional briefing earlier this month on issues of accountability in Sri Lanka. The analysis below is also…
Road Map I: What More Congress (and the Administration) Can Do to Promote Accountability in Sri Lanka
The Obama administration has taken the lead internationally to promote accountability in Sri Lanka. The principal focus is on war crimes and crimes against humanity committed during…
Targeting Transparency: A Call for DoD to Automatically Release Investigations of Civilian Casualties in Armed Conflict
There has been much discussion on the lack of demonstrable government follow through after President Obama’s 2013 claims of increased transparency of US lethal targeting of suspected…
Ending the Forever War: One Year After President Obama’s NDU Speech
Today, May 23, 2014, marks the one-year anniversary of President’s important speech at the National Defense University (NDU) setting forth his proposed framework for post-9/11…
United States War Crimes Statute & Sri Lanka
Ryan Goodman’s post on Sri Lanka calls for the prosecution under U.S. law of Gotabaya Rajapaksa. In prior posts, we’ve discussed the way in which international crimes (including…
Sri Lanka’s Greatest War Criminal (Gotabaya) is a US Citizen: It’s Time to Hold Him Accountable
Monday, May 19th marks the five-year anniversary of the end of Sri Lanka’s civil war, which claimed the lives of 40,000 to 70,000 civilians in its “catastrophic”…
Letter to the Editor from former U.S. Army JAG replying to Ryan Goodman on recent amends legislation
As a former judge advocate of the U.S. Army who served as a claims officer in Iraq for 14 months, I strongly support the new statute that allows for payments to be offered to civilian…
New study may explode some myths about drones (and may create new ones)
The CNA Corporation, a non-profit research and analysis organization which runs the Center for Naval Analyses, recently published an important report by Larry Lewis, entitled Drone…
New Statute Provides Amends to Foreign Civilians Killed by the United States – but only if they’re “friendly”
Earlier this month, Just Security published a guest post by Sahr Muhammedally outlining a new congressional statute whereby the Defense Department can now move ahead in establishing…
UK Defence Select Committee: Extensive legal scrutiny undermining willingness of commanders to take necessary risks
The UK’s House of Commons Defence Select Committee published a report on Wednesday [full text] concerning the legal framework for future operations of the armed forces. The…
Civilian War Victims Receive Recognition in US Law
When the US military was deployed to Afghanistan and Iraq, it had no plan for addressing civilian casualties despite following rules prohibiting disproportionate or deliberate…
The Human Rights Committee’s Draft Comment 35 on Detention and Security of Persons: A long, long time coming yet still falls short
On June 30, 1982 the Human Rights Committee adopted General Comment No. 8 on Article 9 (the right to liberty and security of the person). It has taken a mere 32 years – a significant…