Jus ad Bellum
159 Articles
Letter to the Editor: Syria and the “Implicit Consent” Myth–A short reaction to Ford (and Goodman)
In a recent post on Just Security (available here), Chris Ford raises the issue whether the Syrian government may or may not have ‘implicitly’ or ‘tacitly’ consented to…
The Right to Life as the Jus ad Bellum of Non-International Armed Conflict (A Reply to Lieblich)
An important question raised in a recent post in Just Security is what law governs when a state can resort to military force against a threat from a non-state actor. Professor…
What Law Applies to the Resort to Force Against Non-State Actors? Filling the Void of “Internal Jus Ad Bellum”
What international legal rules determine when the U.S. government can resort to force against a non-state armed group such as the Khorasan Group, if that organization plans an…
International Law and Proposed U.S. Responses to the D.N.C. Hack
In a short essay in Foreign Policy, retired Admiral James Stavridis addresses recent election season cyber operations against the Democratic National Party that the U.S. has attributed…
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…
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…
The Obama Legal Team and the Lawfulness of Attacking Assad
Editor’s note: This post also appears on Charlie Savage’s blog Power Wars and Lawfare. Several prominent law professors who were formerly members of the Obama national security…
The Egan speech and the Bush Doctrine: Imminence, necessity, and “first use” in the jus ad bellum
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…
International Law à la Carte: Brian Egan’s Jus ad Bellum Doctrine
Last week’s speech by State Department Legal Adviser Brian Egan laying out the legal and policy rationales behind the US’s war against ISIL was largely overlooked in the mainstream…
The UK’s Letter to the UN Security Council Leaves Plenty of Unanswered Questions About Last Month’s RAF Drone Strike
Yesterday, I wrote a post helping to untangle some of the international law questions involved in last month’s UK drone strike in Syria that killed three individuals, two of…
The Legal Questions About the UK’s Drone Strike in Syria
The recent revelations of a UK drone strike in Syria targeting British individuals alleged to be linked to the Islamic State has generated much discussion, and the British government…
It’s Complicated: The Nuance of Any US Effort to Defend Division 30 from Assad
It has been reported that President Obama has authorized the US armed forces to come to the defense of the new non-State group the United States is training to fight ISIS (Islamic…