Articles of War
The Legitimate Aims of Self-Defense
The United States' strike on Iranian-backed militias along the Syria-Iraq border on February 25 and the accompanying justifications, communications, and explanations have produced a flurry of legal discourse across the blogosphere and social media (here, here and...
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Experts Weigh in on Law of Armed Conflict Priorities
Presidential transitions present natural opportunities to reconsider national priorities. With the inauguration of a new administration, we asked our Lieber Senior Fellows and Lieber Distinguished Scholar what each considers to be the main law of armed conflict...
President Biden’s First Use of Force and International Law
On February 25, President Biden authorized the first use of military force since becoming President. The operation involved two F-15s...
Is the Time for Law of War Treaty Commentaries Over?
In two recent Articles of War posts, Sean Watts and Michael Meier criticized the Updated Commentary of Geneva Convention III. Rather than...
Experts Weigh in on Law of Armed Conflict Priorities
Presidential transitions present natural opportunities to reconsider national priorities. With the inauguration of a new administration, we...
Opinio Juris and the Essential Role of States
Scholars, jurists, and practitioners have increasingly come to rely on non-State expressions to explain the customary law of armed conflict....
The Updated GCIII Commentary: A Flawed Methodology?
In June of 2020, as part of its ongoing multi-year effort, the International Committee of the Red Cross (ICRC) launched its updated...
Reexamining the Law of War for Great Power Competition
The United States has shifted its national defense posture to focus on “the reemergence of long-term, strategic competition” with...
Lessons for Legal Advisors from the Brereton Report
International humanitarian law practitioners and scholars have justifiably dedicated attention to the recent report of the Australian Defence Force...
Is the Lieber Code Humanitarian?
Some critics maintain that the Lieber Code is not humanitarian. They are surprised and disappointed that Francis Lieber—one of the fathers of...
A Review of U.S. Space Force’s First Year
The newest branch of the U.S. military, the United States Space Force, was mandated by Congress and signed into law and existence by the...
The Duty to Investigate War Crimes
On November 19, 2020, a report of the Australian Defence Force’s Inspector-General was released following a four-year investigation into...
Interpretation in the Updated GCIII Commentary
The International Committee of the Red Cross (ICRC) Updated Commentary to the Third Geneva Convention is a remarkable feat of scholarship worthy of...
Reimagining IHL Principles Part II: A New Framework
Part II: A New Framework for IHL Principles To open the debate, in my previous post I argued that military necessity, humanity, chivalry, and...