Law of War Manual
85 Articles

“Significantly Diminished”: Commenting Anew on Article 23 of Geneva Convention IV in a Transformed Legal Context
New Commentary on GC IV describes Article 23—the treaty’s key provision governing the duty to allow the passage of essentials to civilians—as "significantly diminished" today.

Closing Loopholes Across Time: the ICRC’s New Commentary on the Fourth Geneva Convention
The ICRC's updated Commentary on the Fourth Geneva Convention fills a loophole-closing function and reasserts international humanitarian law's core protective purpose.

Using an Unmarked Aircraft to Attack an Alleged Drug Boat: Is it Perfidy?
Did the Sept. 2 strike on suspected drug traffickers using an unmarked aircraft violate the prohibition on perfidy, or other LOAC rules, had there been an armed conflict?

The International Law Obligation to Investigate the Boat Strikes
Operation Southern Spear’s lethal boat strikes are unlawful under IHRL and, even on the administration’s own terms, trigger binding LOAC and DoD duties to investigate.

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…