Jus ad Bellum
159 Articles
The German Constitutional Court on the Right of Self-Defense Against ISIS in Syria
German Constitutional Court concludes that the government has a reasonable claim that the UN Charter permits use of force in self-defense against non-state actors — at least…
Questions on Legality of Israeli Strikes in Iraq and Lebanon
A flurry of news reports during the final week of August detailed recent Israeli air strikes against Iranian affiliated groups in Iraq, Lebanon, and Syria. The Washington Post…
Proportionality and 150 Iranian Lives: Do They “Count”?
General (ret.) Ken Watkin explains why assessing civilian casualties in the jus ad bellum proportionality analysis is the right approach.
Bolton’s Stated Predicate for War With Iran Doesn’t Work
"Bolton has repeatedly threatened that Iran’s support for its 'proxies' could bring 'a very strong response'—even military force. By threatening military action against Iran…
Trump’s Golan Policy and Its Threat to the Post-War International Legal Order
Yale Law professors Oona Hathaway and Scott Shapiro, authors of an award-winning book on the use of force, respond directly to a Wall Street Journal op-ed by Secretary of State…
Barr’s Playbook: He Misled Congress When Omitting Parts of Justice Dep’t Memo in 1989
When Bill Barr was head of Office of Legal Counsel, he gave Congress the legal conclusions and reasoning of an important Justice Department memo but left out major portions of…
The Golan Heights and the Perils of “Defensive Annexation”
Trump's recognition of Israeli sovereignty over the Golan Heights departs from the bedrock legal prohibition of unilateral annexation: transgressing this norm could create dangerous…
An Insider’s View of the Life-Cycle of Self-Defense Reports by U.N. Member States
Important essay by Pablo Arrocha Olabuenaga, Legal Adviser of the Permanent Mission of Mexico to the United Nations, written in his personal capacity.
Diverging State views…
The US-Philippines Defense Treaty and the Pompeo Doctrine on South China Sea
A major statement by Sec. Mike Pompeo on U.S. coming to the military defense of the Philippines against China. A legal expert explains the implications.
What’s the Mission in Syria? The Answer May be Illegal and Without U.S. Allies’ Support
Statements about a US "peacekeeping" force and a mission to counter-Iran raise serious legal questions and threaten to unravel U.S. allies' support for future U.S. operations inside…
Targeted Killing and the Right to Life: A Structural Framework
Shaheed Fatima Q.C., analyzes the recently issued "General Comment 36" of the United Nations Human Rights Committee, which sets forth a legal framework under human rights law for…
Human Rights, Deprivation of Life and National Security: Q&A with Christof Heyns and Yuval Shany on General Comment 36
In a Q&A with Ryan Goodman, Christof Heyns and Yuval Shany, members of the UN Human Rights Committee, examine the national security implications of General Comment 36 -- the Committee’s…