Law of Armed Conflict (LOAC)
600 Articles
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…
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…
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…
The government’s treatment of civilian casualties in counterterrorism operations [updated]
The government has just released two important documents. One is an assessment by the Director of National Intelligence of the cumulative civilian casualties from U.S. counterterrorism…
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…
The Upcoming Release of Obama’s Targeted Killing Policy and Casualty Numbers
The Obama administration says it plans to release a redacted version of the policy standards and procedures that govern its “use of force in counterterrorism operations outside…
The Law of War Manual’s Threat to the Principle of Proportionality
On Saturday, I had the honor of speaking to the Médecins Sans Frontières (MSF) USA General Assembly. In preparing for my talk last week, I came across a section of the US Defense…
“Material Support” and Targeting
Ken Watkin’s thoughtful piece last week — Reflections on Targeting: Looking in the Mirror — addressed the debate on the targeting of war-sustaining economic enterprises as…
Reflections on Targeting: Looking in the Mirror
Questions about targeting the “money” of the self-styled Islamic State (IS) have been raised in this forum. Images of missile strikes on financial warehouses and money floating…
Roof Knocking and the Problem of Talking With Bombs
“Roof knocking” is a controversial method of bombing ostensibly intended to minimize civilian casualties. Israel introduced the method in its campaign in Gaza in 2008–2009,…
Recap of the Recent Posts on Just Security (May 21–27)
I. Guantánamo Jen Daskal, Guilty Pleas For GTMO Detainees (Without Ever Setting Foot on US Soil) (Monday, May 23) II. Transparency, Legality & the the Use of Force David…
Is it legal to target ISIL’s oil facilities and cash stockpiles?
An important story in yesterday’s New York Times explains how the U.S. and coalition forces have dramatically increased their targeting of ISIL’s oil facilities (including…