Law of Armed Conflict (LOAC)

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A Response on Department of Defense Directive 2310.01E (Detainee Program)

Over the past couple weeks, Steve Vladeck, Gabor Rona, and Marty Lederman have posted comments and raised some questions about the new Department of Defense (DoD) detainee directive…
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The ICRC’s Position on Human Shields (and Gaza)—A Reply to Professor Adil Haque

I agree with Professor Adil Haque’s description of the ICRC’s bifurcated position on voluntary human shields. I have accordingly added a note in my original post which now…
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Letter to the Editor: Human Shields in the DPH Guidance

[Editor’s Note: Ryan Goodman responds to Professor Haque’s letter to the editor in a subsequent post.] In his recent post, Ryan Goodman writes that the ICRC adopts the view…
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Resource: The Israeli Government’s Legal Position on Who is a “Combatant” in the Gaza Conflict [Updated]

There has been a lot of loose talk in the media and by some commentators about the government of Israel’s official position on the definition of who is a lawful target in Gaza.…
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Who does the New York Times think is a combatant in Gaza?

There is a strange quality to today’s story by the New York Times on the civilian casualty rate in Gaza (“Civilian or Not? New Fight in Tallying the Dead from the Gaza Conflict”).…
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Guest Post: Has Hamas Overplayed Its Lawfare Strategy?

In the current Gaza conflict, the adversaries are employing very different strategies to achieve their operational objectives. Israel is executing a robust military strategy. By…
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A Primer on the Laws of War that Apply to the Gaza Conflict

We were about to produce a primer on the law of war framework that governs the ongoing hostilities in Gaza. However, Human Rights Watch has just posted what we think is an excellent…
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Russian Treaty Violations: A Blast from the Past or an Omen for the Future

On July 28, the New York Times ran a story with the headline “U.S. Says Russia Tested Cruise Missile, Violating Treaty.” Surprisingly, this story about an arms control…
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Road Map II: Legal Avenues to Prosecute a US Citizen for War Crimes—The Case of Gotabaya Rajapaksa

This is the second post arising out of a presentation I made at a congressional briefing earlier this month on issues of accountability in Sri Lanka. The analysis below is also…
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Road Map I: What More Congress (and the Administration) Can Do to Promote Accountability in Sri Lanka

The Obama administration has taken the lead internationally to promote accountability in Sri Lanka. The principal focus is on war crimes and crimes against humanity committed during…
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Autonomy, “Killer Robots,” and Human Control in the Use of Force – Part II

[Editor’s Note: This is Part II of a two-part guest post from Paul Scharre, a fellow and Project Director for the 20YY Warfare Initiative at the Center for a New American…
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Autonomy, “Killer Robots,” and Human Control in the Use of Force – Part I

[Editor’s Note: This is Part I of a two-part guest post from Paul Scharre, a fellow and Project Director for the 20YY Warfare Initiative at the Center for a New American…
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