Law of Armed Conflict (LOAC)

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Trump’s Calls to Pillage Iraqi Oil

In his appearance with Secretary Clinton at NBC’s Commander-in-Chief Forum earlier this month, Donald Trump called for actions that amount to a war crime. Addressing US policies…
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The Updated First Geneva Convention Commentary, DOD’s Law of War Manual, and a More Perfect Law of War: Part III

This third post of a series on the ICRC’s Updated Commentary on the First Geneva Convention of 1949 offers some concluding observations and further comparisons with the recent…
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Weapon, Combatant, Child, Animal: They’re All Insufficient Analogies for Autonomous Weapon Systems

Autonomous weapon systems, that is, weapon systems capable of independently selecting and engaging targets, are usually portrayed in one of two ways. Either they are depicted as…

Explainer: What Mental State is Required to Commit a War Crime?

What exactly is the definition of war crimes under international law or, more precisely, what mental state is required to commit such an offence? The synopsis below provides an…
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The ICRC Updated Commentaries: Reconciling Form and Substance, Part II

Last week, I left off my exploration of the International Committee of the Red Cross’s (ICRC) 2016 Updated Commentaries on the First Geneva Convention of 1949 by asking…
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Are Saudi-led Coalition Forces Committing War Crimes in Yemen?

This month, Saudi-led coalition forces recommenced airstrikes on Sanaa, the capital of Yemen, targeting the forces of Ansar Allah (known as the Houthis), after peace talks that…
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The ICRC Updated Commentaries: Reconciling Form and Substance, Part I

Sean Watts’ July 5, 2016 post focuses attention on two significant documents intended to clarify “how best to read and understand the law of war” in the 21st Century: the…
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British Forces Hit the Islamic State With ‘the Punisher’ – the Legality of Airburst Munitions

A few days ago, it was reported that British special forces had used a deadly new weapon, nicknamed the Punisher, in a confrontation with ISIL in the Libyan city of Sirte (see…
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The Updated First Geneva Convention Commentary, DOD’s Law of War Manual, and a More Perfect Law of War: Part II

Earlier this month, I commented on the similarities and differences between the Updated Commentary on the Geneva Conventions of 1949 and the US Defense Department’s new Law…
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A quick response to John Merriam on proportionality and military medical personnel

Thanks very much to John Merriam for his very thoughtful and insightful post responding to my concerns about the Law of War Manual‘s treatment of how the principle of proportionality…
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Must Military Medical and Religious Personnel Be Accounted for in a Proportionality Analysis?

In a recent post, Marty Lederman echoed criticisms previously leveled by Oona Hathaway about the US DOD’s Law of War Manual. The thrust of their criticism is that several Manual…
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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…
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