Articles of War
An Occupying Power’s Authority to Conclude Treaties for Occupied Territories
Can an occupying power conclude treaties relating to the occupied territory? Can it do so solely in its own name or also in the name of the State whose territory is occupied? No clear answer yet exists for these questions, though a short and recent account, especially...
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Israel – Hamas 2023 Symposium – Distinction and Humanitarian Aid in the Gaza Conflict
It is axiomatic that commanders are required to discriminate between civilians and combatants when attacking enemy positions. However, the...
Attacks and Warnings in Urban Warfare
The media coverage of recent armed conflicts has brought to a wider audience the existential nature of urban warfare and its humanitarian costs. For...
Challenges of Intelligence Sharing in Targeting Operations
I reiterate that [the prevention of civilian harm] is not necessarily about more rules on the ground. It is about paying particular attention to...
Israel – Hamas 2023 Symposium – Attacks and Misuse of Ambulances during Armed Conflict
The current conflict in Gaza and Israel has caused unfathomable suffering to both sides with no end in sight. The scale of deaths and destruction in...
Israel – Hamas 2023 Symposium – The Obligation to Allow and Facilitate Humanitarian Relief
Much has been written and said over the past few weeks on obligations relating to humanitarian supplies in the context of the Gaza conflict. Certain...
International Law, Political Will, and Regulation of the Foreign-Fighter Phenomenon
Editor’s Note: This post is based on an article, “Regulating the Foreign-Fighter Phenomenon” published in the Virginia Journal of International Law,...
2023 DoD Manual Revision – Redefining Doubt
The third edition of the U.S. Department of Defense (DoD) Law of War Manual, updated in December 2016, rejected the customary international law...
Israel – Hamas 2023 Symposium – What is and is not Human Shielding?
The use of human shields is looming large in the conflict between Israel and Hamas. President Biden has on numerous occasions charged Hamas with...
Israel – Hamas 2023 Symposium – Participation in Hostilities during Belligerent Occupation
The recent breakout of hostilities in Israel and the Gaza Strip once again highlights the need to effectively protect civilians on the battlefield....
The Emergence of Collective Countermeasures
Editor’s Note: This post is based on a forthcoming article, “War Reparations: The Case for Countermeasures” in the Stanford Law Review, available...
Israel – Hamas 2023 Symposium – Assessing the Conduct of Hostilities in Gaza – Difficulties and Possible Solutions
The current armed conflict affecting Israel and the Gaza Strip raises many international humanitarian law (IHL) questions. Many answers depend on...
Israel – Hamas 2023 Symposium – After the Battlefield: Transnational Criminal Law, Hamas, and Seeking Justice – Part II
Editor’s note: This is the second in a two-part series illustrating the “transnational legal order” that must be used to counter Hamas outside the...
