Law of Armed Conflict (LOAC)

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Why a Broad Definition of “Violence” in Cyber Conflict is Unwise and Legally Unsound

International Humanitarian Law (IHL, aka the Law of Armed Conflict) is not intended to outlaw conflict.  It is meant to regulate conflict in order to reduce its impact on civilians…

‘Forever War’ Symposium Offers Timely Perspective on Trump’s Policies

The Columbia Human Rights Law Review, in collaboration with the Columbia Law School Human Rights Institute, recently published a symposium edition dedicated to the relationship…

Campaign Promises of War Crimes: Now a Stain on the Military

As we try to figure out what happened in Yemen during the U.S. military raid on January 28th, there are a host of questions that remain unanswered. Here, we explore another very…

Trump’s “Safe Areas” in Syria — An Explainer on International Law

In an interview on Wednesday with ABC, President Donald Trump said he would “absolutely do safe zones in Syria.” The leaked draft of the Executive Order “Protecting the…
Just Security

A Right to Fight?

Do the laws of war give soldiers a right to fight, irrespective of their cause and free from other constraints? Or are the laws of war merely one set of constraints among others?…
Just Security

New Symposium Scholarship on Human Shields

We have covered on these pages the legal and moral issues surrounding the use of human shields in contemporary armed conflict situations. The American Society of International…
A wood engraving of torture in a Sicilian prison in Monreale. A person is tied to a chair while someone attaches something to their head. Two others stand watching and a fourth person sits at a table writing.

The ICRC Survey and Torture: A Glass Two-Thirds Full?

As indicated by Ryan Goodman in a recent Just Security post, the report, “People on War: Perspectives from 16 Countries,” by the International Committee of the Red Cross, provides…

How to Read the Department of Defense’s Revised Law of War Manual

Last week, the Department of Defense released a revised version of its Law of War Manual, making significant changes to one section: “Proportionality in Conducting Attacks.”…
Just Security

The Defense Dept’s Law of War Manual: “Exempt” Military Objects and Investigations’ Positive Feedback Loop

Several revisions in the amended U.S. Department of Defense’s Law of War Manual address what military objects might be excluded from a strike list, and what investigations should…
Just Security

CCW Review Conference: Autonomous Weapons Discussion to Continue But Regulation Remains Unlikely

The most significant outcome from last week’s CCW Review Conference was the decision to create a UN Group of Governmental Experts (GGE), which will meet for 10 days in 2017 to…
Just Security

Thoughts on Distinction and Proportionality in the December 2016 Revision to the Law of War Manual

The new revisions to the DoD Law of War Manual that the Department of Defense released last week are welcome in several respects.  Four improvements are especially noteworthy:…
Just Security

A Squarable Circle?: The Revised DoD Law of War Manual and the Challenge of Human Shields

In a new update to its Law of War (LoW) Manual, the U.S. Department of Defense kept its promise to be, as the DoD General Counsel (GC) Hon. Jennifer O’Connor reiterated at NYU…
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