jus in bello
21 Articles
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. …
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…
Troubling proportionality and rule-of-distinction provisions in the Law of War Manual
Oona Hathaway is absolutely right to be alarmed, and deeply concerned, about the “civilians’ assumption of risk” provisions in the new DoD Law of War Manual. If you haven’t…