Non-international Armed Conflict

× Clear Filters
52 Articles
Heavy smoke billows above buildings in the vicinity of the Khartoum airport on April 15, 2023, amid clashes in the Sudanese capital. - Explosions rocked the Sudanese capital on April 15 as paramilitaries and the regular army traded attacks on each other's bases, days after the army warned the country was at a "dangerous" turning point.

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.
Internally displaced people from the Kibumba area near the North Kivu city of Goma take refuge on May 25, 2022 at the Kunyaruchinya school trying to shelter from the ongoing clashes between the Congolese Army and the M23 rebels. People gather in a field in front of the buildings, going about activities of daily life.

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.
A prisoner paces in a gated indoor area before evening prayers at the "Gitmo" maximum security detention center on October 22, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba.

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.
A member of the Syrian Democratic Forces (SDF) looks through a door window to a crowded cell where men suspected to be affiliated with the Islamic State (IS) group are jailed in northeast Syria in the city of Hasakeh on October 26, 2019.

Repatriating Foreign Fighters from Syria: International Law and Political Will (Part 1)

Does international law require States to repatriate their foreign fighters?
Saudi defence ministry spokesman Colonel Turki bin Saleh al-Malki speaks during a press conference in Riyadh on September 18, 2019, following the weekend attacks on Saudi Aramco's facilities in Abqaiq and Khurais.

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?
An Iraqi student stands on a pile of rocks and debris in a classroom following a blast at a school in Baghdad's Shiite neighborhood of Sadr City on December 7, 2009.

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…
Just Security

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,…
Just Security

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…
1-12 of 52 items

DON'T MISS A THING. Stay up to date with Just Security curated newsletters: