self-defense

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Norway signs the United Nations Charter and other country representatives stand behind at the The San Francisco Conference, 25 April - 26 June 1945.

The United Nations Charter at 75: Between Force and Self-Defense — Part Two

A more complete view of the UN Charter explains why there are no unwritten exceptions to the prohibition of force.
Norway signs the United Nations Charter and other country representatives stand behind at the The San Francisco Conference, 25 April - 26 June 1945.

The United Nations Charter at 75: Between Force and Self-Defense — Part One

As we celebrate the Charter’s seventy-fifth birthday, a deep dive into its negotiating history shows that the right of self-defense under Article 51 is triggered by an act of…
The guided-missile cruiser USS Vella Gulf (CG 72) fires a close-in weapons system during a live-fire exercise, April 27, 2020.

On Iranian Gunboats: Beware Conflating American and Mainstream Views of the Law

In a recent essay in Just Security entitled “Iranian Gunboat Harassment and the Rules of Engagement,” Michael Schmitt and Durward Johnson explore important questions raised…
Electronics Technician 2nd Class Hao Lienh, assigned to Commander Task Force 56, wears a face mask and stands watch on a Mark VI Patrol Boat before a weapons sustainment exercise in the Arabian Gulf, April 16, 2020.

Iranian Gunboat Harassment and the Rules of Engagement

What to make of Trump's order to “shoot down and destroy” lranian boats that harass US vessels. International law and Standing Rules of Engagement place significant limits.
World flags in front of the United Nations building

The Time has Come to Have a Conversation at the U.N. on Self-Defence

Pablo Arrocha Olabuenaga, Legal Adviser to Mexico's Mission to UN, writes in his personal capacity about an important conversation on international law.
The Netherlands' Minister of Foreign Affairs Stef Blok speaks during a debate about Socialist Party (SP) party chairman Murat Memis at the Senate, in The Hague, on December 26, 2019.

The Netherlands Releases a Tour de Force on International Law in Cyberspace: Analysis

The Dutch make a major contribution to interpretation and application of international law in cyberspace with careful legal analysis on topics ranging from sovereignty to the use…
Iran's Ambassador to the United Nations (UN) Majid Takht Ravanchi holds up maps of the Strait of Hormuz while speaking to the media before a meeting with other UN members on the escalating situation with the United States At United Nation headquarters on June 24, 2019 in New York City.

Proportionality and 150 Iranian Lives: Do They “Count”?

General (ret.) Ken Watkin explains why assessing civilian casualties in the jus ad bellum proportionality analysis is the right approach.
General Amir Ali Hajizadeh, Iran's Head of the Revolutionary Guard's aerospace division, looks at debris from a downed US drone reportedly recovered within Iran's territorial waters and put on display by the Revolutionary Guard in the capital Tehran on June 21, 2019.

Self-Defense in International Law: What Level of Evidence?

With the question of whether Iran's actions justify the use of force, the issue of evidence is once again at the forefront of international debate. So, how much evidence does a…
Iran's Ambassador to the United Nations Majid Takht Ravanchi holds up maps of the Strait of Hormuz while speaking to the media before a meeting with other UN members on the escalating situation with the United States At United Nation headquarters on June 24, 2019 in New York City.

Iran’s Shifting Views on Self-Defense and ‘Intraterritorial’ Force

Iran’s justification for shooting down a US drone suggests a subtle shift in its understanding of international law.
US Secretary of State Mike Pompeo arrives to announce the creation of the "Iran Action Group" during a press briefing at the State department in Washington, DC, August 16, 2018.

Unpacking the State Dept Acknowledgment that 2001 and 2002 AUMFs Don’t Authorize War Against Iran

An analysis of State Dept's major concession, whether the one stated exception is a loophole for military action, and what Congress should now do.

If Mattis Meant to Assert Self-Defense for the Syria Strike, He Was Wrong

Since the United States conducted a military strike on various targets associated with the Syrian government’s chemical weapons program last week, prominent voices in the legal…

When Does the Legal Basis for U.S. Forces in Syria Expire?

The State Department announced earlier this year that the “full and complete defeat of ISIS” is a necessary condition for ending U.S. military operations in Syria. But Senators…
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