Use of Force

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Dozens of soldiers in camouflage fatigues arrive arrive at the airport in Wunstorf, northern Germany on August 27, 2021 at the end of a military evacuation operation to fly out German nationals, local workers and other people at risk from Kabul, Afghanistan. Several large military planes have landed where civilians are disembarking down the stairs from the aircraft.

Evacuating Nationals – A Noteworthy New Element of German Practice and Opinio Juris

The evacuation from Afghanistan may have helped set or solidify international legal rules on use of military force to rescue nationals - the German example.
A view of a deserted migrants' camp on the Belarusian-Polish border in the Grodno region on November 18, 2021. (Photo by LEONID SHCHEGLOV/BELTA/AFP via Getty Images)

On Empathy, Scholarship, and Political Action: A Response to Lahmann

The situation on Belarus's borders sparks a debate on the appropriate path for international legal scholars. The latest from Aurel Sari and Ben Hudson.
Image: Polish law enforcement officers stand at the frontier at the Bruzgi-Kuznica border crossing where migrants gathered aiming to cross into Poland, in the Grodno region on November 16, 2021. (Photo by MAXIM GUCHEK/BELTA/AFP via Getty Images)

Stirring Trouble at the Border: Is Belarus in Violation of International Law? – Part 1

Belarus has been criticized for using desperate migrants to pressure EU borders. But is it breaking international law by doing so?
Taiwanese military vehicles take part in a national day parade in front of the Presidential Palace in Taipei on October 10, 2021.

Unilateral Use of Force in the “National Interest”: Taiwan Doesn’t Meet the Test

Can the President use force to protect Taiwan in the "national interest" without congressional authorization?
U.S. President George W. Bush meets with former and current Secretaries of State and Defense in the Roosevelt Room of the White House May 12, 2006 in Washington, DC. Clockwise from bottom left are former Secretary of State Warren Christopher, former Secretary of State James Baker, Former Secretary of State Alexander Haig, former Secretary of Defense Robert McNamara, former Secretary of Defense Melvin Laird, former Secretary of Defense James Schlesinger, former Secretary of Defense Frank Carlucci, former Secretary of Defense William Cohen, Chairman of the Joint Chiefs of Staff Gen. Peter Pace, Secretary of Defense Donald Rumsfeld, Vice President Dick Cheney, President Bush, Secretary of State Condoleezza Rice, former Secretary of State Colin Powell, and former Secretary of State Madeleine Albright.

A Soldier and His Establishment: In the Life of Colin Powell, Who Failed Whom?

The question to ask is not what he should have done differently, but what, if anything, his life suggests we should do differently.
A relative of Ezmarai Ahmadi on September 18, 2021, inspecting the debris of a destroyed vehicle that was damaged in a US drone strike in the Kwaja Burga neighbourhood of Kabul.

The Overhyping of Over the Horizon

It might represent the only option for the US on terrorist threats from Afghanistan, but it will be brute, imperfect military force.
A person with a dog walks in the snow near the DEW line (Defensive Early Warning Line) station near Kaktovik, Alaska, once part of an early warning radar system established by the US military to watch for nuclear bombers and missiles coming in from the Soviet Union.

The Role of Nuclear Weapons: Why Biden Should Declare a Policy of No First Use

With the administration preparing its Nuclear Posture Review, such a declaration would significantly reduce the risks of nuclear war.
The empty courtroom of the U.S. Supreme Court is seen September 30, 2016. Curtains are parted to reveal chairs, pews, and the seats for the judges at the front of the room.

Activism and Consequences

A response to Margulies and Azmy.
Michael Ratner, a US Military Defence Lawyer and one of the counsel in the US Supreme Court, listens during a press conference concerning the situation of prisoners in Guantanamo Bay in London, 24 March 2004.

The Humanity of Michael Ratner, The Fabrications of Samuel Moyn

Joseph Margulies and Baher Azmy write to set the record straight.
Iraqi fighters of the Hashed al-Shaabi units stand guard during a campaign gathering for the Fateh Alliance, a coalition of Iranian-supported militia groups, in Baghdad on May 7, 2018, ahead of Iraq's parliamentary elections to be held on May 12. Some hold weapons, and a few sit on the ground.

Team of Legal Gladiators? Iraqi Militias’ Tortured Relationship with Law

The country's Iran-backed militias are not law-abiding, but they know Iraqis care about rule of law and have adopted the law as a battlespace.
A screen shot from the UN Security Council’s Arria-Formula meeting on February 24, 2021 held via Zoom.

Self-Defense Against Non-State Actors: All Over the Map

Insights from UN Security Council Arria-Formula Meeting
A Yemeni child standing under a damaged building looks out of a missing wall at buildings that were heavily damaged in an air strike in the southern Yemeni city of Taez.

Legally Sliding into War

"We need to grapple with the legal mechanisms through which presidential administration after administration has legally justified escalating, elongating, and expanding conflicts…
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