Law of Armed Conflict (LOAC)

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Consequences of the Fact-Based Armed Conflict Test in Yemen’s Internal Armed Conflict

Ryan’s recent post about ongoing “drone strikes” in Yemen raises an issue that has troubled me for quite some time from a legal, policy, and advocacy perspective. In the…
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Law of War Conventions that Palestinian President Abbas Intends to Join: Questions Raised

The Palestinian authorities have released the complete list of treaties that they intend to join. According to the statement, President Abbas “signed letters of accession”…
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The Continuing Importance of a Low Threshold for LOAC Application in International Armed Conflict

Reports yesterday from Ukraine include the news that at least one Ukrainian soldier at a military base in Crimea has been killed, most likely by Russian soldiers.  Furthermore,…
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Crime, Sentencing and the War on Terror: Further Thoughts on the Al Darbi Plea

Last month, Ahmed Muhammed Haza al Darbi became the sixth Guantanamo detainee to plead guilty to war crimes before a military commission.  The U.S. has accused al Darbi of various…
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Nils Melzer on Whether U.S. Citizen Abdullah al-Shami is a Lawful Military Target

The Obama Administration is reportedly evaluating whether a lethal operation against a US citizen in Pakistan is legally permissible. Last Friday an important story by Mark Mazzetti…
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The United States Cannot be at War With an Ideology

Testifying to the House Armed Services Committee this morning on the state of the Special Operations Command, Admiral William McRaven said that now that core al Qaeda has been…
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European Parliament Passes Resolution on Drones, Targeted Killings, and Fully Autonomous Weapons

In a landslide vote (534 to 49), the European Parliament has passed a Resolution on drones, targeted killings, and fully autonomous weapons. Stay tuned for a post from one of the…
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A Rejoinder from Jenks and Corn re U.S. SIGINT Based Targeting

There is probably no area of greater consensus between us and Professors Goodman and Jinks (their post) than the recognition that the law of armed conflict should and must be responsive…
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Military Targeting Based on Cellphone Location

A recent news story by Glenn Greenwald and Jeremy Scahill details the use of NSA signals intelligence (SIGINT) – including cellphone and SIM card data – to locate and kill…
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Eyes Wide Shut: Scahill and Greenwald’s Flawed Critique of U.S. SIGINT Based Targeting

[Editor’s Note: Stay tuned later today for a post by Ryan Goodman and Derek Jinks responding to the guest post by Chris Jenks and Geoffrey Corn.] In The NSA’s Secret Role in…
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CJEU’s Definition of “Internal Armed Conflict:” The Diakité Case

On January 30, the Court of Justice for the European Union discussed the criteria for determining when an internal armed conflict exists, and held that it does not require the…
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An al Qaeda Armed Conflict with France or Malaysia?: The Legal Question at the Heart of the al Darbi Case

Yesterday the Acting Convening Authority of the GTMO Military Commissions, Navy General Counsel Paul Oostburg Sanz, referred charges against Ahmed Mohammed Ahmed Haza al Darbi,…
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