Use of Force

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174 Articles
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…
A graphic illustration of Germany with a triangular grid pattern symbolizing virtual connections.

Germany’s Positions on International Law in Cyberspace Part II

Germany issues major statement on use of force and International Humanitarian Law in cyberspace, analyzed here by leading expert Professor Michael Schmitt.
Pentagon Press Secretary John F. Kirby stands behind a podium as he briefs the press at the Pentagon, Washington, D.C., Feb. 8, 2021.

Knowns and Unknowns of US Syria Strike: Looming Int’l and Domestic Law Issues

Key legal questions that remain unanswered about the legality of the Syria strike under domestic and international law.
A satellite image of the site of the Feb 2021 US airstrike in Syria.

Legal Questions (and Some Answers) Concerning the U.S. Military Strike in Syria

Unpacking the right of self-defense under international law when it comes to use of force in response to a series of attacks.
The sky is hazy at the Syrian border city of Albu Kamal in the Deir Ezzor region on November 12, 2018.

Biden’s First Strike and the International Law of Self-Defense

The U.S. airstrikes taken on Friday in Syria almost certainly violated international law, for two basic reasons.
A U.S. Air Force MQ-1B Predator unmanned aerial vehicle (UAV), awaits a mission at an air base in the Persian Gulf region on January 7, 2016.

To End the Forever Wars, Rein in the Drones

In drawing down the U.S. conventional military footprint, policymakers should resist relying reflexively on drone strikes in its place. Biden has a unique opportunity to chart…
World flags in front of the United Nations building

The Definition of Aggression and Self-Defense

Exactly forty-six years ago, on December 14, 1974, the United Nations General Assembly adopted, by consensus, the Definition of Aggression, “the most serious and dangerous form…
An engineer-virologist looks at 24 well plates adherent cells monolayer infected with a Sars-CoV-2 virus.

COVID-19 and International Law Series: Vaccine Theft, Disinformation, the Law Governing Cyber Operations

Ongoing cyberattacks on vaccine production and distribution systems, such as those discovered by IBM yesterday, may threaten efforts to fight COVID-19. But do they break international…
A RIM-7 NATO Sea Sparrow Missile (NSSM) is fired from the forward launcher aboard Wasp-class amphibious assault ship USS Essex (LHD 2) during a live-fire exercise.

Revisiting the Office of Legal Counsel’s Override Opinion

A critical analysis of 1989 OLC Opinion that would allow President to use force in violation of UN Charter and without Congressional support.
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