Detention

Prisoners of War in Occupied Territory

Prisoners of War in Occupied Territory

It seems increasingly likely that the international armed conflict raging in Ukraine will devolve into a partial Russian occupation of large portions of Ukrainian territory. President Putin may very well declare annexation—or reincorporation—of that territory into...

Legal Status of Ukraine’s Resistance Forces

Legal Status of Ukraine’s Resistance Forces

In the lead up to Russia’s invasion, Ukraine prepared to defend its territory by, among other things, training its citizens to serve as a “resistance in waiting.” The extent to which these resistance forces have engaged Russian invaders to date remains unclear. What...

The Updated GCIII Commentary: A Flawed Methodology?

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 Commentary on the Third Geneva Convention of 1949. The Commentary analyzes how practice in the application and interpretation of...

Interpretation in the Updated GCIII Commentary

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 serious academic attention. It leaves almost no interpretive stone unturned in its effort to identify the humanitarian...