Jus ad Bellum

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159 Articles
Gavel on an old world map

The Resilience of International Law in the Face of Empire

We may be effectively reverting, at least temporarily, to an era of imperial rule. But history has demonstrated that international law has a long memory. Lawyers and historians…
F-35 fighter aircraft against blue sky with two white contrails.

Making Sense of International Law in Light of Israel and Iran’s Latest Round of “Retaliation”

The current round of retaliatory strikes between Israel and Iran casts light on Israel's and Iran’s opposing political strategies, which also have significant legal implications…
A local volunteer looks at a building damaged by Ukrainian strikes in Kursk on August 16, 2024, following Ukraine's offensive into Russia's western Kursk region.

Ukraine’s Incursion into Kursk Oblast: A Lawful Case of Defensive Invasion?

The UN Charter, the law on the use of force, and the conditions that body of law places on Ukraine's military operation in Russia's Kursk Oblast.
Smoke billows from a city neighborhood of tan, brown buildings.

Assessing Jus Ad Bellum Proportionality: A Factored Approach

Nine factors, considered in their totality, would provide a more nuanced understanding of jus ad bellum proportionality and assist States in identifying specific concerns with…
Kurdish People's Protection Units, or YPG, women fighters walk to reach a check point in the outskirts of the destroyed Syrian town of Kobane, also known as Ain al-Arab, Syria. June 20, 2015.

Violence as Redress: A Right to Rebellion for Armed Groups under International Law?

A right to rebellion offers a way to recognize grievances and deescalate the violence of armed groups, and affirms the place of international law in holding States to account for…
Fighters from the Free Syrian Army cheer and react as they fight against the Islamic State (IS) group jihadists on the outskirts of the northern Syrian town of Dabiq, on October 15, 2016.

Armed Groups and International Law: Introduction to the Symposium

An exploration of armed groups and international law outside of conflict; the criminal liability of armed groups and their members; rebel governance; and the role of armed groups…
The U.N. Security Council sits in around a large open circular table, with a mural in the background.

Q&A with Eliav Lieblich on Iran-Israel Hostilities

Expert insight on the legality of recent attacks by Iran and Israel, how domestic politics could impact an Israeli response, and prospects for de-escalation.
Smoke rising during Israeli bombardment of the Gaza Strip

Unpacking Key Assumptions Underlying Legal Analyses of the 2023 Hamas-Israel War

"Conversations of this nature are useless if their participants fail to acknowledge their differences of opinion about underlying assumptions."
The General Assembly of the United Nations with a voting board that reads "In Favor 141, Against 5, Abstention 35."

The Future Battlefield: Governed by International Law or Kriegsraison?

Russia's justifications for its invasion of Ukraine and the international response demonstrate the enduring relevance of international law.
Protesters hold signs in French opposing ECOWAS.

An International Law Assessment of ECOWAS’ Threat to Use Force in Niger

Under international law, the only possible legal basis for a potential ECOWAS military intervention would be an invitation by Niger extended to ECOWAS to use force on its territory.
An MQ-9 Reaper remotely piloted aircraft (RPA) is prepared for training mission.

The Russian Intercept of the U.S. Reaper and International Law

The Russian operation almost certainly violated the international law obligation of due regard and, perhaps, the prohibition on using force. Nevertheless, the Biden administration…
Somali soldiers enter Sanguuni military base, where an American special operations soldier was killed by a mortar attack on June 8, about 450 km south of Mogadishu, Somalia, on June 13, 2018

What the White House Use of Force Policy Means for the War in Somalia

In principle, the new policy tightens safeguards for airstrikes and special operation raids. But it contains loopholes that will likely allow business as usual for USAFRICOM in…
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