Jus ad Bellum
186 Articles
The Newly Released National Security Framework Report: An Important Step Forward
On Tuesday, President Obama made the case in his final national security speech that staying true to American values is not a weakness, but the country’s greatest strength…
US Transparency Regarding International Law in Cyberspace
Last Thursday, State Department Legal Adviser Brian Egan, delivered an important speech at Berkeley Law School on the relationship between international law and cyber activities. …
The New Western Counter-Terror Wars: Toward US-European Convergence?
As Iraqi and other forces move forward with their long-awaited offensive to recapture Mosul from ISIS, Western airpower is playing an essential supporting role. The United States,…
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…