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Side-by-side portraits of Secretary Mark Esper, Department of Defense General Counsel Paul Ney and General Mark Milley.

Revisiting General Counsel Ney’s Speech in Light of New Pentagon Leadership

Former Department of Defense official (OSD) Luke Hartig critiques General Counsel Paul Ney's recent speech on the framework governing US military operations.

A Critique of Defense Dept General Counsel Ney’s Remarks on the Law of War

"The law of war applies equally to U.S. forces and to ISIS, to Syria and to Russia. We should keep that in mind when we hear Ney recite Lieber’s dictum, 'The more vigorously…
Paul Ney gives a talk at IDF

Remarks by Defense Dept General Counsel Paul C. Ney Jr. on the Law of War

The General Counsel of the U.S. Department of Defense, Hon. Paul C. Ney Jr., delivered the keynote address (full text below) at the Israel Defense Forces 3rd International Conference…
U.S. Soldiers stand in formation during a logistics course graduation ceremony.

Transparency on Civilian Harm in Somalia Matters – Not Just to Americans

"Under the Bush, Obama, and Trump administrations, much of the commentary on the use of lethal force in counterterrorism operations has focused on the importance of transparency…
Graffiti showing a US drone is depicted on a wall to protest against US drone strikes on September 19, 2018 in Sana'a, Yemen.

Costs of War Can’t Be Assessed Without Official Civilian Casualty Estimates

A response to Maj. General Charles Dunlap and others who argue that tracking civilian casualties is like tallying "body counts" in Vietnam.
Unmanned Aircraft System (UAS) Blueprint

Less Transparency Won’t Fix a Lack of Transparency: A Response to Gen. Dunlap on Civilian Casualty Reporting Requirements

"Dunlap’s perspective is a valuable one, and a robust debate on the parameters of transparency around U.S. counterterrorism operations is warranted. But mischaracterizing the…
An 86th Aircraft Maintenance Squadron crew chief launches a C-130J Super Hercules aircraft during Exercise Operation Varsity 19-01 on Ramstein Air Base, Germany, Feb. 28, 2019.

Legal Explainer: German Court Reins in Support for U.S. Drone Strikes

Unpacking the legal issues discussed in this major decision by German court.
Secretary of Defense Robert S. McNamara in the 1960s

Body Counts Are Terrible Way for the Public to Assess US Counter-Terrorism Operations

Retired General Charlie Dunlap writes that partial transparency on civilian casualty reports may be worse than none.
An MQ-1 Predator unmanned aerial vehicle and F-16 Fighting Falcon return from an Operation Iraqi Freedom combat mission.

Reflecting on the Civilian Casualty Executive Order: What Was Lost and What Can Now Be Gained

What information did the public just lose with Trump's decision, and what can Congress do beyond just restoring it? Civilian casualties in wartime reporting and minimization.

I Helped Write the Exec Order on Public Reporting of Lethal Operations. Here’s What Trump Has Undone.

"Multiple press accounts have cited some of the key problems with the rescission, the backlash from transparency advocates, and why, unsurprisingly, the Trump administration has…

Trump’s Revocation of Reporting on Lethal Strikes: All Eyes on Congress, Now

On Wednesday, President Donald Trump issued an Executive Order revoking a section of President Barack Obama’s Executive Order on civilian casualties that required annual reporting…
Tear gas is fired by Israeli forces at Palestinian protestors during a demonstration near the fence along the border with Israel, east of Gaza City, on February 8, 2019.

Report of the Independent UN Commission of Inquiry on Gaza Strip – An Initial Evaluation of a Problematic Report

Bottom line up front: "The Commission chose to infer far reaching conclusions from the limited evidence before it, thus discrediting much that should be appreciated in the report."
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