Law of Armed Conflict (LOAC)

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The empty courtroom of the U.S. Supreme Court is seen September 30, 2016. Curtains are parted to reveal chairs, pews, and the seats for the judges at the front of the room.

Activism and Consequences

A response to Margulies and Azmy.
Michael Ratner, a US Military Defence Lawyer and one of the counsel in the US Supreme Court, listens during a press conference concerning the situation of prisoners in Guantanamo Bay in London, 24 March 2004.

The Humanity of Michael Ratner, The Fabrications of Samuel Moyn

Joseph Margulies and Baher Azmy write to set the record straight.
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

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…
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

How to Responsibly End Three Key Rights-Abusing Post-9/11 Policies

Accountability needs to include reckoning with Guantanamo, state-sanctioned U.S. torture, and secretive and unlawful lethal strikes.
A black and white photograph of the First International Peace Conference in the Hague. Men sit in rows at desks in a horseshoe shape. Art covers the walls.

Oh, the Humanity

Reviewing Samuel Moyn, Humane: How the United States Abandoned Peace and Reinvented War (New York: Farrar, Straus and Giroux, September 2021), 416 pp. Samuel Moyn’s new book…
A Yemeni man looks at graffiti protesting against US drone strikes on September 19, 2018 in Sana'a, Yemen.

Embedding Gender in International Humanitarian Law: Is Artificial Intelligence Up to the Task?

The laws of war can sanction uses of force with gendered consequences. Encoding IHL principles into AI systems may reinforce - or correct for - these disparate impacts.
A US Predator unmanned drone armed with a missile stands on the tarmac of Kandahar military airport on June 13, 2010.

Extraterritorial Counterterrorism: Policymaking v. Law

The Biden administration's counterterrorism policy review is a crucial moment to evaluate the role of law versus policy and an opportunity to narrow the scope of the “ongoing…
South Korean soldiers remove landmines inside of the Demilitarized Zone (DMZ) on October 2, 2018 in Cheorwon, South Korea.

Undermining Norms? How the Antipersonnel Mine Ban Has Endured in US Policy

The Trump shift became more notable for what it did not lead to than for what it did. Now Biden has a chance to set US policy on the side of humanity.
A pillar of smoke rises among destroyed buildings after a US-led airstrike in Mosul. July 9, 2017

Toward a True Account of Collateral Damage in U.S. Military Operations

The Pentagon reports annually on how many civilians were killed in U.S. operations, but silent on damage to civilian homes, markets and other civilian infrastructure vital to human…
A 3D hologram of the globe with circles and grids laid over to indicate communications and technology.

The Sixth United Nations GGE and International Law in Cyberspace

Top expert analysis of the much-anticipated report that provides consensus views among key States on the application of international law to cyberspace.
Officials inspect the damaged Karbala airport in the Iraqi shrine city, one of the areas targeted by US military air strikes. March 13, 2020

A Legacy of Unrecognized Harm: DoD’s 2020 Civilian Casualties Report 

The Pentagon report appears to defy the congressional requirement to report on civilian casualties “that were confirmed, or reasonably suspected, to have resulted in civilian…
Masked fighters with the National Resistance Brigades (NRB), the military wing of the Democracy Front Liberation of Palestine (DFLP), speak to members of the press in front of the ruins of the al-Jalaa tower which hosted the offices of the news agency Associated Press and the Aljazeera English channel, destroyed by Israeli strikes during the recent confrontations between Hamas and Israel, in Gaza City on May 23, 2021. They wear head gear and face masks that cover their entire faces except the eyes. A flag is draped over a podium with microphones. The fighters carry large guns.

The IDF Attack on Al Jalaa Tower: Criticisms Are Correct on the Law, But Mistaken in Applying It

A response to Professor Adil Haque's influential analysis.
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