proportionality
70 Articles
“Reasonable Certainty” vs “Near Certainty” in Military Targeting–What the Law Requires
Former deputy legal counsel to the Chairman of the Joint Chiefs of Staff, Commander (ret.) Mike Adams and former Special Counsel to General Counsel of the Dep’t of Defense, Ryan…
The Importance of Protecting Civilians—Through Law, Strategy, and Tactics
The spate of allegations of civilian deaths as a result of US operations in Iraq, Syria, and Yemen over the last few weeks has garnered significant interest from humanitarian groups…
How to Read the Department of Defense’s Revised Law of War Manual
Last week, the Department of Defense released a revised version of its Law of War Manual, making significant changes to one section: “Proportionality in Conducting Attacks.”…
The Defense Dept’s Law of War Manual: “Exempt” Military Objects and Investigations’ Positive Feedback Loop
Several revisions in the amended U.S. Department of Defense’s Law of War Manual address what military objects might be excluded from a strike list, and what investigations should…
Thoughts on Distinction and Proportionality in the December 2016 Revision to the Law of War Manual
The new revisions to the DoD Law of War Manual that the Department of Defense released last week are welcome in several respects. Four improvements are especially noteworthy:…
A Squarable Circle?: The Revised DoD Law of War Manual and the Challenge of Human Shields
In a new update to its Law of War (LoW) Manual, the U.S. Department of Defense kept its promise to be, as the DoD General Counsel (GC) Hon. Jennifer O’Connor reiterated at NYU…
Human Shields in the (Updated) Dept of Defense’s Law of War Manual
[Editor’s Note: On Tuesday, the Department of Defense released an updated version of its Law of War Manual. Just Security is hosting an online “mini forum” to discuss the…
The DoD Law of War Manual and the False Appeal of Differentiating Types of Civilians
In a recent speech at NYU, Department of Defense General Counsel Jennifer O’Connor suggested that after an impending revision, the US Law of War Manual would reflect the position…
Two lingering concerns about the forthcoming Law of War Manual amendments
We commend Department of Defense General Counsel Jennifer O’Connor for her very important speech at NYU Monday evening—especially for her vivid, detailed account of how the…
“Applying the Law of Targeting to the Modern Battlefield” – Full Speech Given by DOD General Counsel Jennifer O’Connor
Below is the speech, “Applying the Law of Targeting to the Modern Battlefield,” given by Jennifer O’Connor, general counsel of the Department of Defense, tonight…
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…
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…