Use of Force

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Popular Mobilization Forces members stand by a burning truck after a drone attack near Qaim border crossing, in Anbar province, Iraq Sunday, Aug. 25, 2019.

Questions on Legality of Israeli Strikes in Iraq and Lebanon

A flurry of news reports during the final week of August detailed recent Israeli air strikes against Iranian affiliated groups in Iraq, Lebanon, and Syria. The Washington Post…
An Afghan National Army officer, right, informs his U.S. Army counterparts from the 4th Brigade, 3rd Infantry Division, left and center, about ANA troop movements May 6, 2013 while pursuing Taliban fighters in Babus, Afghanistan.

Part III: The Muddy Middle: A New Framework for Use of Force

We may not have wanted to land in this muddy middle between peace and war that we currently find ourselves in, but this is the reality of the current moment in the counterterrorism…
A picture taken near the Iraqi city of Qaim at the Iraqi-Syrian border on November 11, 2018, shows US Army vehicles patrolling the Syrian side of the border.

Part II: The Muddy Middle: Challenges of Applying Use of Force Policy Guidance in Practice

In part two of a three-part series, the authors explain how new operational models for both why and how the U.S. used force outside areas of active hostilities created tensions…
A US Predator unmanned drone armed with a missile stands on the tarmac of Kandahar military airport on June 13, 2010.

The Muddy Middle: The Disappearing Lines in America’s Counterterrorism Wars and How to Restore Order

In three articles, the authors explain how the lines have blurred between U.S. military operating procedures for use of force in hot war zones versus outside areas of active hostilities…
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…
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The Missing Piece in US-Iran Drone Dispute: Navigational Freedoms and the Strait of Hormuz

"Even if the drone flew only across 'international airspace,' significant legal questions arise as to whether its activities violated the rules for transit and what legal recourse…
Maps showing US and Iranian reports of drone paths.

Top Expert Backgrounder: Aborted U.S. Strike, Cyber Operation Against Iran and International Law

"It is difficult to definitely conclude that the proposed U.S. kinetic strikes would have been valid exercises of self-defense."
High tension electrical power lines at a transfer station along Highway 58 are viewed on March 28, 2017, near Buttonwillow, California.

U.S. Cyber Command, Russia and Critical Infrastructure: What Norms and Laws Apply?

Emplacing malware in critical infrastructure on which the civilian population depends is a decision States must not take lightly. It may also violate international law, but 'responding…
Security Council meeting on The situation in the Middle East, including the Palestinian question.

An Insider’s View of the Life-Cycle of Self-Defense Reports by U.N. Member States

Important essay by Pablo Arrocha Olabuenaga, Legal Adviser of the Permanent Mission of Mexico to the United Nations, written in his personal capacity. Diverging State views…

The Israeli Supreme Court Decision on the Gaza Riots: Factual and Legal Confusion

The Israeli Supreme Court’s recent ruling on the legality of lethal force the Israeli army used against Palestinian protesters in Gaza was unambiguous in its final decision:…

Self-Defense Against Self-Defense, In Syria And Beyond

For many years, the United States and some of its allies have taken the view that one state (say, one of them) may use armed force on the territory of another state (say, Pakistan…

United Kingdom Att’y General’s Speech on International Law and Cyber: Key Highlights

On Wednesday, the United Kingdom’s Attorney General, Jeremy Wright, QC MP, gave a speech at Chatham House on the role of international law in cyberspace. It is the first official…
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