Use of Force

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CAMP SHORAB, AFGHANISTAN - SEPTEMBER 11: A U.S. Army helicopter flies outside of Camp Shorab on a flight to Camp Post on September 11, 2017 in Helmand Province, Afghanistan. About 300 marines are currently deployed in Helmand Province in a train, advise, and assist role supporting local Afghan security forces. Currently the United States has about 11,000 troops in the deployed in Afghanistan, with a reported 4,000 more expected to arrive in the coming weeks. Last month, President Donald Trump announced his plan for Afghanistan which called for an increase in troop numbers and a new conditions-based approach to the war, getting rid of a timetable for the withdrawal of American forces in the country. (Photo by Andrew Renneisen/Getty Images)

Opaque Transparency on the Use of Force: Observations on the 2022 “1264” Report

The 2022 report illustrates the limits of congressionally mandated reporting requirements on matters of war and peace and the need for Congress to be more proactive in informing…
Ukrainian recruits and their British Armed Forces trainers pose for a photograph on Driver Tank Trainer (DTT) armoured vehicles

Can Aid or Assistance Be a Use of Force?: Expert Q&A from Stockton Center’s Russia-Ukraine Conference

Some States are likely engaging in force by virtue of the quantity and quality of the support they are providing to Ukraine. Those activities are lawful as actions taken in the…
Military unmanned aerial vehicle at sunset.

Rephrasing the “Ethical Checklist”: Grappling with Tough Foreign Policy Choices

How can states pursue more ethical, value-based approaches to foreign policy amidst competing priorities and strategic realities?
In this photograph taken on July 31, 2022, smoke rises from a house following a US drone strike in the Sherpur area of Kabul

Permanently Winding Down the War on Terror Requires Greater Transparency

Increased transparency is needed to ensure the United States makes a definitive turn away from endless war.
Destroyed residential buildings hit by a missile

The Ukraine War and the Crime of Aggression: How to Fill the Gaps in the International Legal System

An expert analysis of the diplomatic and legal options for creating a tribunal for the crime of waging a war of aggression against Ukraine.
Destroyed residential buildings hit by a missile

Війна в Україні та злочин агресії: Як заповнити прогалини в міжнародній правовій системі

An expert analysis of the diplomatic and legal options for creating a tribunal for the crime of waging a war of aggression against Ukraine.
A U.S. Army CH-47 Chinook helicopter takes off at sunset while transporting American troops out of a remote combat outpost known as RLZ on May 25, 2021 near the Turkish border in northeastern Syria.

The Limits of Remote Warfare: Aligning Values with Interests

The Biden administration should be more circumspect in its reliance on lethal force as a foreign policy tool outside of traditional war zones.
Blue futuristic monitor with information data

Poland’s Position on International Law and Cyber Operations: Sovereignty and Third-Party Countermeasures

Poland's positions push the discussion forward on contested areas of law.
A US army battle tank drives with other infantry-fighting vehicles across dunes.

How Support to Partner Forces Enables Secret War

With security cooperation as a means of pursuing U.S. military objectives becoming more frequent, Department of Defense-led security cooperation, particularly under §§ 333, 127e,…
Somali soldiers enter Sanguuni military base, where an American special operations soldier was killed by a mortar attack on June 8, about 450 km south of Mogadishu, Somalia, on June 13, 2018

What the White House Use of Force Policy Means for the War in Somalia

In principle, the new policy tightens safeguards for airstrikes and special operation raids. But it contains loopholes that will likely allow business as usual for USAFRICOM in…
A military drone replica is displayed in front of the White House during a protest against drone strikes on January 12, 2019 in Washington, DC.

The Biden Drone Playbook: The Elusive Promise of Restrained Counterterrorism

The new policy guidance on direct action is welcome, but more work is needed to fulfill the promise of restrained counterterrorism.
WASHINGTON, DC - AUGUST 01: U.S. President Joe Biden speaks from the Blue Room balcony of the White House on August 1, 2022 in Washington, DC. Biden announced that over the weekend, U.S. forces launched an airstrike in Afghanistan that killed al-Qaeda leader Ayman Al-Zawahiri. Zawahiri, 71, took over leadership of al-Qaeda in 2011, shortly after American forces killed Osama bin Laden. The president said there were no civilian casualties. (Photo by Jim Watson-Pool/Getty Images)

What Was the International Legal Basis for the Strike on al-Zawahiri?

Serious questions need to be addressed in order to establish that both the killing of Zawahiri, and the use of force against Afghanistan, were not violations of international law.
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