Use of Force

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A collage of photos from the founding of the UN between April and June of 1945.

“Clearly of Latin American Origin”: Armed Attack by Non-State Actors and the UN Charter

"The text, context, and preparatory work of Article 51 of the Charter show that it permits only the use of armed force in self-defense against an armed attack by a State."
Venezuela's National Assembly head Juan Guaido waves to the crowd during a mass opposition rally against leader Nicolas Maduro in which he declared himself the country's "acting president", on the anniversary of a 1958 uprising that overthrew military dictatorship, in Caracas on January 23, 2019.

The Rio Treaty: Paving the Way for Military Intervention in Venezuela?

Renewed focus on the presence of terrorist groups in Venezuela, and the Maduro regime’s involvement with such groups, suggest that the ground is being paved for a potential military…
Cyber operations on mission in the 780th Military Intelligence Brigade operations center at Fort Meade, Maryland.

Reassessing U.S. Cyber Operations Against Iran and the Use of Force

"There is good reason to conclude the United States may have crossed the use of force threshold with this cyber operation."
The Federal Constitutional Court in Karlsruhe, Baden-Wuerttemberg, Germany.

The German Constitutional Court on the Right of Self-Defense Against ISIS in Syria

German Constitutional Court concludes that the government has a reasonable claim that the UN Charter permits use of force in self-defense against non-state actors — at least…
A map of France with binary computer code.

France’s Major Statement on International Law and Cyber: An Assessment

Leading expert on international law and cyberspace assesses major new position staked out by French government.
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…
Just Security

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."
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