Law of War Manual
68 Articles
Membership in a Non-State Armed Group in the DoD Law of War Manual
A critical assessment of the U.S. DoD Law of War Manual's approach to membership status in non-State armed groups.
Here’s What You Need to Know About the Pentagon’s New Civilian Harm Policy
In December 2023, the Department of Defense (DOD) quietly released its Instruction on Civilian Harm Mitigation and Response (CHMR DOD-I), which was mandated by Section 936 of the…
Protected Persons and the ‘Geographic Nexus’ Requirement in the DoD Law of War Manual
A critical assessment of how the Department of Defense Law of War Manual narrowly defines "protected persons" under the Geneva Conventions.
The Principle of Proportionality in the DoD Law of War Manual
Two key issues in Department of Defense Law of War Manual on harm to non-combatants.
Assessing the DoD Law of War Manual’s Approach to Treaties and Customary International Law
Identifying how the DoD's Law of War Manual could be improved in its methodological approach to sources of international law.
Department of Defense Issues Update to DoD Law of War Manual on Presumption of Civilian Status and Feasible Precautions to Verify Military Objectives
Commentary by Department of Defense General Counsel Caroline D. Krass
How Does IHL apply to New Technologies in Outer Space?: Expert Q&A from Stockton Center’s Russia-Ukraine Conference
The real challenge in the space domain is avoiding escalation in the first instance, such as by reducing threats and developing transparency and confidence building measures.
The Russian Intercept of the U.S. Reaper and International Law
The Russian operation almost certainly violated the international law obligation of due regard and, perhaps, the prohibition on using force. Nevertheless, the Biden administration…
Defense Dept Law of War Manual and Its Unintended Readings: On Civilians Assuming Risk of Harm
The Manual risks creating a false impression that is not intended by the senior Defense Department leadership who produced the Manual — a problem that could significantly undervalue…
The Prohibition on Indiscriminate Attacks: The US Position vs. the DoD Law of War Manual
Timely analysis especially given recent U.S. government condemnations of Russia's indiscriminate attacks in Ukraine.
Clear Error in the Defense Department’s Law of War Manual: On Presumptions of Civilian Status
This article is the first in a new project at Just Security that assesses the U.S. Department of Defense’s Law of War Manual with a goal of providing constructive opportunities…
The Al-Qurayshi Operation and Minimization of Civilian Casualties
US officials’ emphasis on minimization of civilian casualties in an operation against such a high value target deserves special attention.