Law of Armed Conflict (LOAC)

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Episode 60 of the National Security Podcast: TL;DL – This Is Why We Can’t Have Nice Things

An over-long episode with a short title to reflect a very busy–and somewhat bizarre–eight day stretch in the wide world of national security law.  This week, your hosts Professor…
U.S. F-35B fighter jets drop GBU-32 bomb during a training at the Pilsung Firing Range on September 18, 2017 in Gangwon-do, South Korea. The fighter jets fly above the clouds.

The “Shift Cold” Military Tactic: Finding Room Under International Law

It should surprise no one that evolving military practice raises novel legal questions. It may surprise many that the increasing use of “shift cold” techniques by advanced…
A Block 30 F-16 from the 416th Flight Test Squadron drops a Joint Direct Attack Munition (JDAM) during testing in January, 2003 at Edwards Air Force Base in California.

The “Shift Cold” Military Tactic and International Humanitarian Law

New technology allows for new military tactics in urban warfare. Legal questions have been raised about a military practice--called "shift cold"--in which an operator redirects…

“Reasonable Certainty” vs “Near Certainty” in Military Targeting–What the Law Requires

Former deputy legal counsel to the Chairman of the Joint Chiefs of Staff, Commander (ret.) Mike Adams and former Special Counsel to General Counsel of the Dep’t of Defense, Ryan…

Episode 59 of the National Security Law Podcast: Share the Cookies

We don’t lack for topics this week!  In today’s episode, Professor Chesney and I eat a number of cookies while talking about the following: Rachel Brand steps down at DOJ. …

The Internationalists Mini-Forum: The Next World Order – Non-State Armed Groups and International Law

(This piece is the latest of several on Just Security examining The Internationalists: How a Radical Plan to Outlaw War Remade the World, written by Just Security editorial board…

No, Ceasefires and Armistices Are Not “Outmoded”

My friend Oona Hathaway penned an important post (“Recent Israeli Strikes on Syria and the Prohibition on the Unilateral Use of Force”) where she rightly express concern about…

Words Matter in War

Command Sergeant Major John Wayne Troxell, the senior enlisted adviser to the Chairman of the Joint Chiefs of Staff, shared this attention-grabbing message with his more than…

Unhappy 16th Anniversary, Guantanamo Bay

It’s hard to believe, but here we are marking yet another anniversary of the Guantanamo Bay Detention Center. It’s not a happy one. Hidden and inaccessible as they are on…

Parsing Howard Nielson’s Sources: A Thesis Without Support

Image: Committee chairman Sen. Chuck Grassley (R-IA) speaks with ranking member Sen. Dianne Feinstein (D-CA) before the start of a Senate Judiciary Committee hearing on Capitol…

International Criminal Court Indictments of U.S. Officials Are not Impossible

The International Criminal Court (ICC) prosecutor’s long-expected request to open an investigation of U.S. armed forces and the CIA for crimes allegedly committed in Afghanistan…

Alseran v MOD and the Legal Risks in Treating All Captives as Prisoners of War

British and American troops with Iraqi captives in March 2003. (UK MOD) Last month, the English High Court delivered its judgment in favour of the claimants in Alseran and Others…
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