Non-international Armed Conflict
57 Articles
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…
Category Mistake: There Is No Jus ad Bellum for Use of Force Against Non-State Actors
From South Asia to Europe and beyond, government lawyers have to inquire as to when a State is legally justified in resorting to military force against a non-State actor. What…
Memo to President Obama: You Have Another Memo to Withdraw
The election of Donald Trump has triggered an anxious conversation about how President Obama can entrench some of his accomplishments before January 21, 2017. Importantly, given…
Letter to the Editor: Response to Human Rights in Armed Conflict, Part I
In a previous post, I raised numerous concerns with Prof. Adil Haque’s novel proposal that lowers the threshold for determining what constitutes a non-international armed conflict…
Human Shields in Mosul
Daesh’s inhumanity seems to know no bounds. For its latest depravity, the group has forcibly expelled hundreds of civilians from nearby villages and forced them to serve as…
What Law Applies to the Resort to Force Against Non-State Actors? Filling the Void of “Internal Jus Ad Bellum”
What international legal rules determine when the U.S. government can resort to force against a non-state armed group such as the Khorasan Group, if that organization plans an…
De Facto and De Jure Non-International Armed Conflicts: Is It Time to Topple Tadić?
When does violence between a state and non-state actor constitute an armed conflict and thus trigger the system of legal rules that apply in non-international armed conflict (NIAC)?…
Triggers and Thresholds of Non-International Armed Conflict
When and where does the law of non-international armed conflict apply? Since most contemporary armed conflicts are fought between states and organized armed groups, or between…