Articles of War
Laws of Yesterday’s Wars Symposium – Somali Traditions of Restraint
Editor’s note: The following post highlights a chapter that appears in Samuel White’s fourth edited volume of Laws of Yesterday’s Wars published with Brill. For a general introduction to the series, see Dr Samuel White’s introductory post. Accounts of the laws of war...
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The Rousseau-Portalis Doctrine: French Legal Thought and the Law of War – Part II
Editors’ note: This is the second in a two-part post illustrating the impact of French legal thought on the formation of the law of war with a...
The Rousseau-Portalis Doctrine: French Legal Thought and the Law of War – Part I
Editors’ note: This is the first in a two-part post illustrating the impact of French legal thought on the formation of the law of war with a...
Typology of Reservations Contrary to the Object and Purpose of a Treaty and their Application to IHL
If a treaty is silent on the right of a contracting party to make reservations, then according to Article 19 of the Vienna Convention on the Law of...
Revisiting Customary IHL Series – Getting it right? Challenges and Shortcomings in the Identification of Customary IHL
Editors’ note: This post is part of a series relating to the ICRC’s Customary International Humanitarian Law Study, featured across Articles of...
Revisiting Customary IHL Series – Non finito: Should the Study also Identify Norms that Are not Custom?
Editors’ note: This post is part of a series relating to the ICRC's Customary International Humanitarian Law Study, featured across Articles of...
Revisiting Customary IHL Series – Study 2.0 Featuring the Martens Clause: Tool Rather Than Subject
Editors’ note: This post is part of a series relating to the ICRC's Customary International Humanitarian Law Study, featured across Articles of...
Revisiting Customary IHL Series – A Question of Methodology: Should International Criminal Law Shape IHL?
Editors’ note: This post is part of a series relating to the ICRC's Customary International Humanitarian Law Study, featured across Articles of...
Revisiting Customary IHL Series – The ICRC’s Study at 20
Editors’ note: This post introduces a series relating to the ICRC's Customary International Humanitarian Law Study, featured across Articles of...
When Belligerent Drones Knock on Neutral Waters: Archipelagic Sea Lanes in the Age of Kamikaze Systems
In 2024 to 2025, escalating tensions between Israel and Iran saw waves of missiles and drones cross regional skies. Jordan, a neutral...
Is There a Victim State Exemption from Immunity Ratione Personae Accruing to Heads of Aggressor States?
When considering the application of immunity ratione personae to heads of aggressor States, we invariably assume that it applies erga omnes, that...
The Ban on Force or the System: What’s Really Dying?
In the past year, a growing chorus of voices has warned that the international “rule-based” order—along with the prohibition on the use of force—is...
Exceptions to the Separation Between the Jus ad Bellum and Jus in Bello
According to canonic learning and overwhelming practice, the rules of the jus ad bellum and those of the jus in bello are separated in the sense...
