Articles of War
Military Considerations and the Ntaganda “Attack” Question
This post concludes our series featuring the International Criminal Court’s recent hearings on the legal notion of “attack.” As co-editors-in-chief, we wish to extend our sincere gratitude to our contributors. As scholars of the law of war, we wish to add a few...
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Symposium Intro: The ICC Considers the Definition of “Attack”
The Ntaganda case—currently pending before the International Criminal Court (ICC) Appeals Chamber—raises an issue of importance to both the law of war (international humanitarian law) community and those working in international criminal law. How should the meaning of...
The Unintended Consequences of International Court Decisions
In response to a prosecution appeal in the case of The Prosecutor v. Bosco Ntaganda, the International Criminal Court (ICC) is currently...
“Attacks” against Hospitals and Cultural Property: Broad in Time, Broad in Substance
On behalf of the Public International Law and Policy Group (PILPG), we recently filed an amicus curiae brief with the International Criminal...
Ending Wars: The Law of War’s Latest Source of Stress
The nineteenth anniversary of 9/11 offered a telling reminder of the problem of “forever wars.” In the United States, few Americans under the...
Motive and Control in Defining Attacks
In the appellate case of The Prosecutor v. Bosco Ntaganda, the Appeals Chamber of the International Criminal Court asked for briefs from “qualified...
The U.S. Landmine Policy Complies with International Law
In late January, the United States replaced the Obama Administration’s 2016 landmine policy, which was first introduced in 2014. That policy...
The Definition of an “Attack” under the Law of Armed Conflict
As in any branch of international law, examining the meaning of a law of armed conflict (LOAC) term, and its incorporation in the Rome Statute of...
A Radical Reimagining of the Concept of “Attack”
The Office of the Prosecutor (OTP) filed its Appeals Brief In the Case of the Prosecutor v. Bosco Ntaganda on 7 October 2019, almost...
Symposium Intro: The ICC Considers the Definition of “Attack”
The Ntaganda case—currently pending before the International Criminal Court (ICC) Appeals Chamber—raises an issue of importance to both the law of...
Biometrics on the Battlefield
We use biometrics on a daily basis. You need only think of unlocking your phone with your fingerprint, using iris recognition to pass through...
The Efficacy of the U.S. Army’s Law of War Training Program
On July 2, 2020, the Department of Defense reissued DoD Directive 2311.01, the DoD Law of War Program.* Under the previous Directive, issued in...
The Importance of Clarity and Flexibility in the Law
Adherence to the law of armed conflict remains a bedrock value of professional militaries. The legal obligation of any professional military...
NATO in Outer Space: A Domain Too Far?
This post examines whether Article 5 of the North Atlantic Treaty is applicable to armed attacks in outer space. NATO nations have recently...