Military
823 Articles
White House ‘1264 Notice’ and Novel Legal Claims for Military Action Against Iran
"The administration’s positions amount to a fundamental revision of existing legal foundations for military action against Iran that can be undertaken by this and future presidents."
Military Justice Reform, the 2020 Pledge, and the President’s Power
A pledge by presidential candidates is necessary but more could be done. The next Congress should prioritize the independent military prosecutor measure. Failing that, a president…
Why the US Military Needs to Rethink How It Investigates Civilian Harm
A new report analyzed a total of 228 investigations into reported civilian harm in Afghanistan, Iraq, and Syria between 2002 and 2015.
American Policy Paralysis in the Middle East Strikes Idlib
While observers of the Middle East focus on the spiraling escalation of US-Iran tensions, a humanitarian crisis with potentially far greater consequences is rapidly unfolding in…
Afghanistan Papers, the Miniseries, Or How I Learned to Stop Worrying and Love the Bombshell
The Washington Post describes the story as uncovering a widespread effort by U.S. officials to “conceal the truth” about the war. A close reading shows that's not the case.
US Should Think Again About Reversing Landmine Policy
The Trump administration announced Friday that the United States will re-start using and producing antipersonnel landmines. The new policy follows the U.S. retreat from multilateralism…
Behind Myanmar’s Military Alibi: A Path for Compliance with the ICJ’s Order to Protect Rohingya
It will be important to identify the pathways for Myanmar to comply within a governmental system that gives its military extensive autonomy, while not allowing it to hide behind…
Human Shielding (by Omission) in Iran
Iran violated its legal obligations to take passive precautions to protect civilians under its control, with the intent that those civilians shield military targets from attack.…
U.K. Proposes to Limit Accountability for Violations by Armed Forces
The British government is considering an unprecedented and comprehensive package of measures designed to shield both individual members of the Armed Forces and the Ministry of…
After Soleimani Strike, Iran-Backed Militias Threaten Iraq’s Stability: An Explainer
There is a real risk that Iran-backed militias are driving Iraq back towards conflict. And their power is greatly enhanced by their legal status as organs of the Iraqi state.
What the State Department Legal Adviser Promised Congress on Iran
Will Mr. Marik String keep his word?
The 30-Day Clock: Recent Law Requires Trump Admin. to Make Full Public Report on Soleimani and Shahlai Strikes
A classified war powers report won't do it. A formal, public explanation of the facts and legal justifications is legally required thanks to Congress’ having recently passed…