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Tag Archive: Law of Armed Conflict

New Symposium Scholarship on Human Shields

We have covered on these pages the legal and moral issues surrounding the use of human shields in contemporary armed conflict situations. The American Society of International Law, in a new partnership with Cambridge Press, released yesterday its first symposium edition of the American Journal of International Law Unbound, which provides stereoscopic perspectives on this phenomenon, which has become “endemic” in modern warfare.…   continue »

Human Rights in Armed Conflict, Part II

In my previous post, I took seriously Jonathan Horowitz’s concern that some States believe that the application of international humanitarian law (IHL) may displace or reduce the protections of international human rights law (IHRL). Rejecting this view, I argued that IHL and IHRL apply in parallel during armed conflict, each offering important protections from violence and abuse.  continue »

Human Rights in Armed Conflict, Part I

When powerful States adopt a mistaken view of international law, should we—scholars, practitioners, and activists—resist their view and insist on our own? Or should we regard their mistake as a fait accompli and try to contain its adverse consequences? With Donald Trump poised to become the next President of the United States, I fear that we will all face such questions in the years to come.…   continue »

Laws of War: Humanitarian Stallion or Trojan Horse?

Reuters recently reported that “armed militia groups are preparing for the possibility of a stolen election on Nov. 8 and civil unrest in the days following a victory by Democrat Hillary Clinton.” According to the article, one of these groups, the Three Percent Security Force, has “mobilized for rifle practice [and] hand-to-hand combat training.”

With that unsettling image in mind, I wanted to express concern over Professor Adil Haque’s proposal for lowering the threshold for when States can (or should) apply the laws of war (or international humanitarian law, IHL) when engaged in hostilities with non-state armed groups.…   continue »