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Just Security

A quick response to John Merriam on proportionality and military medical personnel

Thanks very much to John Merriam for his very thoughtful and insightful post responding to my concerns about the Law of War Manual‘s treatment of how the principle of proportionality…
Just Security

Must Military Medical and Religious Personnel Be Accounted for in a Proportionality Analysis?

In a recent post, Marty Lederman echoed criticisms previously leveled by Oona Hathaway about the US DOD’s Law of War Manual. The thrust of their criticism is that several Manual…
Just Security

Troubling proportionality and rule-of-distinction provisions in the Law of War Manual

Oona Hathaway is absolutely right to be alarmed, and deeply concerned, about the “civilians’ assumption of risk” provisions in the new DoD Law of War Manual. If you haven’t…
Just Security

The Law of War Manual’s Threat to the Principle of Proportionality

On Saturday, I had the honor of speaking to the Médecins Sans Frontières (MSF) USA General Assembly. In preparing for my talk last week, I came across a section of the US Defense…
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