Lex Specialis
30 Articles
Preliminary but Necessary: The Question of the Applicability of the Notion of Apartheid to Occupied Territory
Does the prohibition of apartheid apply to occupied territory? Marco Longobardo analyzes how laws of war, human rights, occupation, and against racial discrimination intersect.…
Kunduz Airstrike Before European Court of Human Rights: Future of Jurisdiction and Duty to Investigate
The future of European Human Rights Court's jurisdiction and the future of States' duty to investigate civilian casualties in wartime.
Targeted Killing of General Soleimani: Why the Laws of War Should Apply, and Why it Matters
In her thought provoking and thorough piece, Agnes Callamard addresses – among many other issues – the question whether the US strike against General Qassem Soleimani was subject…
Legal Explainer: German Court Reins in Support for U.S. Drone Strikes
Unpacking the legal issues discussed in this major decision by German court.
Report of the Independent UN Commission of Inquiry on Gaza Strip – An Initial Evaluation of a Problematic Report
Bottom line up front: "The Commission chose to infer far reaching conclusions from the limited evidence before it, thus discrediting much that should be appreciated in the report."
Accountability Fatigue: A Human Rights Law Problem for Armed Forces?
Brigadier-General (ret.) Ken Watkin in conversation with General (ret.) David Petraeus' remarks about human rights law and military policies.
Addendum to My “Memo to the Human Rights Community” (on drone strikes outside of “hot battlefields”)
On Wednesday, I published an essay at Just Security titled, “Why the Laws of War Apply to Drone Strikes Outside “Areas of Active Hostilities” (A Memo to the Human Rights…
Why the Laws of War Apply to Drone Strikes Outside “Areas of Active Hostilities” (A Memo to the Human Rights Community)
Reports that the White House is poised to revise a four-year old set of policy restrictions on drone strikes and other lethal operations has generated a heated debate that turns…
Three Half-Truths on U.S. Lethal Operations and Policy Constraints
Late last week, Charlie Savage and Eric Schmitt of the New York Times reported that President Donald Trump might soon adopt a new policy on U.S. lethal operations outside hot warzones.…
Aggression, Armed Conflict, and the Right to Life: Does UN Human Rights Committee Get it Right?
Is it possible to respect the human right to life in the context of war? Or does war, by its very nature, involve the arbitrary deprivation of life? Last month, the United Nations…
Human Rights Law is the Legal Basis for Use of Force Against Non-State Armed Groups—But What Follows?
In recent weeks there have been two significant and related debates on Just Security about the justification for the use of force against non-state armed groups and the place of…
The Laws of War: Their Nature and Moral Function
In his final address on issues of war and peace, President Obama reminds us all that “[w]e are a nation that stands for the rule of law, and strengthen[s] the laws of war.”…