jus in bello
14 Articles
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 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.
What Was the International Legal Basis for the Strike on al-Zawahiri?
Serious questions need to be addressed in order to establish that both the killing of Zawahiri, and the use of force against Afghanistan, were not violations of international law.
Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It
We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…
Protecting the Information Space in Times of Armed Conflict
What, if any, limits exist concerning digital information operations in armed conflict? Does the humanitarian legal framework adequately capture the protection needs that arise…
Preventing and Responding to Civilian Casualties: An Upcoming Discussion on Law, Policy, and Progress
Civilian casualties are inevitable in armed conflict. Nonetheless, international law requires armed forces to distinguish between civilians and lawful military objectives, and…
Do Moral Judgments of War Support the Principle of Combatant Equality?: What Empirical Studies Tells Us
Are our moral intuitions about war in line with the crucial principle of combatant equality in the law of armed conflict? A moral psychology study begins mapping out and explaining…
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.
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…
When Does the Legal Basis for U.S. Forces in Syria Expire?
The State Department announced earlier this year that the “full and complete defeat of ISIS” is a necessary condition for ending U.S. military operations in Syria. But Senators…
Human Rights Law is the Legal Basis for Use of Force Against Non-State Armed Groups—But What Follows?
In recent weeks there have been two significant and related debates on Just Security about the justification for the use of force against non-state armed groups and the place of…
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. …