Accountability
Reflections on the DoD General Counsel’s Cyber Law Address
On Tuesday, the General Counsel of the Department of Defense, the Honorable Caroline Krass, addressed the annual United States Cyber Command Legal Conference. Her speech followed in the footsteps of Hon. Harold Koh’s 2010 presentation to the conference as Department...
Ukraine Symposium – Accountability for Cyber War Crimes
In our digitally connected and technology-dependent world, cyber-attacks on critical infrastructure such as electric power grids, water treatment facilities, and industrial control systems have far-reaching safety and security consequences. When these attacks are...
The Dutch Chora Judgment: Ex-Gratia Payments and Compensation
Recently, a Dutch district court in The Hague delivered its judgment concerning claims arising from a 2007 battle in Chora, Afghanistan. Whereas an earlier post by Marten Zwanenburg reviewed the judgment with a focus on the alleged violations of International...
Are States Aiding and Assisting Ukraine and Russia Using Force?
The provision of military aid and assistance from States supporting Ukraine and Russia has been a salient theme in their international armed conflict following Russia’s renewed invasion in February 2022. As of late March 2023, for instance, over fifty States have...
ICJ Ruling on Iran’s Proxy War: The United States Must Pay
On March 30, the International Court of Justice issued a ruling on financial measures that the United States had adopted against Iranian assets. The case was brought by Iran, seeking to challenge the legality of these financial measures as a breach of the Treaty of...
The Law in War: A Concise Overview
When we first plotted our plan to write the 1st edition of this book, our goal was to offer an accessible narrative overview of international humanitarian law for both lawyers and non-lawyers interested in the topic. To that end, the original 2018 edition addressed...
Balloons are Not Always Joyful: The Legality of Downing the Chinese Spy Balloon
On January 28, 2023, a Chinese high-altitude balloon (HAB) entered U.S. airspace near Alaska and, after transiting Canadian airspace, continued its voyage from the west to the east coast. On February 4, 2023, the United States shot down the HAB over the territorial...
U.S. Evidence Sharing with the ICC
The U.S. Supreme Court often reminds our government that it must speak with one voice in the world. This is no less true within an administration than it is across the federal branches or with respect to the community of States. From 1793 when George Washington...
Ukraine Symposium – Seizure of Russian State Assets: State Immunity and Countermeasures
On 24 February 2023, the United Kingdom (UK) government objected to the Seizure of Russian State Assets and Support for Ukraine Bill in the House of Commons, proposed legislation that would require the government to put measures in place to seize frozen Russian State...
Ukraine Symposium – The Law of Crowdsourced War: Democratized Supply Chains – Part I
“Infantry wins battles, logistics wins wars.” General Pershing’s oft cited maxim of warfare is once again proving itself out in Ukraine. Thankfully, from the outset of Russia’s ill-conceived war of aggression, its progress has been hampered by poorly maintained...
Ukraine One Year On – Defying the Odds
On 24 February 2023, one year has passed since Russia commenced its full-scale invasion of Ukraine. The past year has been filled with acts of aggression, war crimes, and continued atrocities. International humanitarian law (IHL) is one of the most profound and...
Dimensions of Russian Aggression and the International Legal Order
Russia’s war against Ukraine has many dimensions: conventional, economic, cyber, informational, and cultural. Recent research, prepared by the Economic Security Council of Ukraine in cooperation with the State Service of Special Communication and Information...