Non-international Armed Conflict
52 Articles

The Fighting in Sudan is an Armed Conflict: Here’s What Law Applies
Violence in Sudan has reached the level of an armed conflict -- a threshold at which international humanitarian law applies.

New Armed Conflict in DR Congo: A Renewed Call for Civilian Protection
Recent escalation of violence in eastern DRC has already displaced over 150,000 civilians and killed at least 23.

What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause
The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.

Repatriating Foreign Fighters from Syria: International Law and Political Will (Part 1)
Does international law require States to repatriate their foreign fighters?

Saudi Oil Attacks Raise Questions About Nature of Yemen Conflict and Legitimate Military Targets
Do the attacks against Saudi oil facilities change the current classification of the conflict in Yemen? Are oil facilities targetable under IHL?

Focusing on Armed Non-State Actors: Protecting Education in Armed Conflict
While States have formal opportunities to commit themselves to the protection of schools, ANSAs do not, even though it is crucial to acknowledge the role they play in education…

Letter to the Editor: Finding a Middle Ground on “Areas of Active Hostilities”
News that the Trump administration is close to revising the Obama-era policy on direct action against terrorist targets has reawakened the long-simmering debate over the appropriate…

A Right to Fight?
Do the laws of war give soldiers a right to fight, irrespective of their cause and free from other constraints? Or are the laws of war merely one set of constraints among others?…

UK Supreme Court Judgment on Extra-Territorial Detention in Iraq and Afghanistan
Today, the UK Supreme Court gave judgment (full text) in the joined appeals of Al Waheed v Ministry of Defence and Serdar Mohammed v Ministry of Defence (in which I represented…

UK Supreme Court Issues Two Major Decisions—On cooperation with CIA interrogations and on military detention
On Tuesday, the UK Supreme Court issued two important judgments, which will affect the power of the British government to carry out certain national security policies and, in turn,…

Letter to the Editor: Response to The Laws of War: Their Nature and Moral Function
Earlier this month, I entered the fray in a stimulating debate over Prof. Adil Haque’s innovative proposal to lower the threshold for defining non-international armed conflict…

The Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflict: An Introduction
[Just Security and EJIL Talk! are hosting an online forum on the Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflict, which…