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Responsible AI Symposium – Legal Implications of Bias Mitigation
Editor’s note: The following post highlights a subject addressed at an expert workshop conducted by the Geneva Centre for Security Policy focusing on Responsible AI. For a general introduction to this symposium, see Tobias Vestner’s and Professor Sean...
The Conduct of Hostilities under the Law of International Armed Conflict: 4th Edition
The fourth edition of The Conduct of Hostilities under the Law of International Armed Conflict is a thoroughly revised and updated version of a book originally published in 2004 and revised twice before: in 2010 and in 2016. It examines in detail the jus in bello,...
Ukraine Symposium – Russia’s Allegations of U.S. Biological Warfare in Ukraine – Part I
During its invasion of Ukraine, Russia has accused the United States and Ukraine of collaborating to develop biological weapons in violation of international law. Russia’s claims led to a “formal consultative meeting” in Geneva pursuant to Article V of the Biological...
Responsible AI Symposium – Implications of Emergent Behavior for Ethical AI Principles for Defense
Editor’s note: The following post highlights a subject addressed at an expert workshop conducted by the Geneva Centre for Security Policy focusing on Responsible AI. For a general introduction to this symposium, see Tobias Vestner’s and Professor Sean...
Advisory Opinion 2.0: The Israeli-Palestinian Conflict Returns to The Hague
The United Nations General Assembly Fourth Committee, also known as the Special Political and Decolonization Committee, addresses a range of issues, including matters relating to the Israeli-Palestinian conflict. The committee’s latest resolution, which the UN General...
Ukraine Symposium – Further Thoughts on Russia’s Campaign against Ukraine’s Power Infrastructure
On November 23, Russia mounted 70 missile and five drone attacks against Ukraine’s power infrastructure. Cities across the nation, including Kyiv, went dark. Without power, water supply and other systems providing for the population’s basic needs no longer functioned....
Responsible AI Symposium – Translating AI Ethical Principles into Practice: The U.S. DoD Approach to Responsible AI
Editor’s note: The following post highlights a subject addressed at an expert workshop conducted by the Geneva Centre for Security Policy focusing on Responsible AI. For a general introduction to this symposium, see Tobias Vestner’s and Professor Sean...
Responsible AI Symposium – The Nexus between Responsible Military AI and International Law
Editor’s note: The following post highlights a subject addressed at an expert workshop conducted by the Geneva Centre for Security Policy focusing on Responsible AI. For a general introduction to this symposium, see Tobias Vestner’s and Professor Sean...
Responsible AI Symposium – Introduction
Artificial Intelligence (AI) is increasingly developed, deployed, and used for defense and military purposes. This offers opportunities yet also poses challenges regarding its governance and regulation. While diplomatic efforts have focused on regulating lethal...
Ukraine Symposium – Reparations for War: What Options for Ukraine?
On 14 November, the UN General Assembly received a resolution calling for international support and cooperation on reparations for Ukraine. For thousands of years, reparations have attempted to settle grievances and secure peace between warring nations. However, the...
Programming Systems Like Soldiers: Using Military Control Mechanisms to Ensure AWS Are Operated Lawfully
Time is overdue for moving on from discussing whether autonomous weapons should be banned to looking at how to ensure autonomous weapon systems (AWS) are used in a manner that complies with the law of armed conflict (LOAC). This post illustrates that although...
Ukraine Symposium – State Responsibility for Non-State Actors’ Conduct
The conflict in Ukraine is international in character, but it nevertheless involves numerous private individuals and groups. These include Ukrainian civilians acting to protect their homeland, foreign fighters, military contractors, and private hackers conducting...
Ukraine Symposium – Using Cellphones to Gather and Transmit Military Information, A Postscript
In a previous post, Major Casey Biggerstaff and I analyzed the legal consequences of Ukrainian civilians using the “ePPO” application (app) to report incoming Russian air strikes. Under Article 51(3) of the 1977 Additional Protocol I to the Geneva Conventions, which...
As Warfare Digitalizes, So Should Protection: Towards a “Digital Emblem”
As societies digitalize, cyber operations have become a reality of armed conflict. In the United Nations, States have identified the increasing likelihood of the use of Information and Communications Technologies (ICTs) in future conflicts between States as a threat...
Ukraine Symposium – Are Civilians Reporting With Cell Phones Directly Participating in Hostilities?
As Russia continues to pummel electric grids and other critical infrastructure from the air, Ukraine is creatively developing methods to defend its skies. One new tool is “ePPO,” a new mobile application (“app”) that Ukrainian civilians can download on their cell...
Ukraine Symposium – Doxing Enemy Soldiers and the Law of War
This post was prepared in academic consultation with Major Inna Zavorotko, a lawyer with the Ukrainian Ministry of Defense Legal Division. A fuller treatment of wartime doxing, including in the context of non-international armed conflict and human rights law...
Ukraine Symposium – Dirty Bombs and International Humanitarian Law
On October 23, Russian Defense Minister Sergei Shoigu made separate calls to the Defense Ministers of France, Turkey, the United Kingdom, and the United States. In them, Shoigu claimed that Ukraine intended to conduct a false-flag operation with a “dirty bomb” in...
The Syrian Democratic Forces, Detained Foreign Fighters, and International Security Vulnerabilities
Three-and-a-half years since the United States, its coalition partners, and the Syrian Democratic Forces (SDF) overpowered the last redoubt of the Islamic State of Iraq and Syria (ISIS), nearly 10,000 fighters remain in SDF custody in northeast Syria. These include...
Proportionality in International Humanitarian Law: A Principle and a Rule
This post is based on research supporting a doctoral dissertation in progress at the University of Geneva. Proportionality plays a key role in international humanitarian law (IHL). It is essential to regulating the conduct of hostilities, requiring that the expected...
Ukraine Symposium – Attacking Power Infrastructure under International Humanitarian Law
Over the past few weeks, the scale of Russian attacks against Ukraine’s power infrastructure has grown dramatically. The Washington Post, for instance, has reported, “[d]ozens of Russian missiles and Iranian-made kamikaze drones have been striking power plants and...
Ukraine Symposium – The Complicity of Iran in Russia’s Aggression and War Crimes in Ukraine
In recent days Russia has attacked Kyiv and other Ukrainian cities using Iranian-made “kamikaze drones” or loitering munitions. While the EU is looking for “concrete evidence” that Iran has sold these weapons to Russia, a spokesman for the Iranian Foreign Ministry has...
The Legality of Intermingling Military and Civilian Capabilities in Space
The United States’ practice of intermingling national security space functions with commercial space capabilities and services has come under fire. Professor David Koplow, in an article entitled “Reverse Distinction: A U.S. Violation of the Law of Armed Conflict in...
Ukraine Symposium – Russian Preliminary Objections at the ICJ: The Case Must Go On?
As readers of Articles of War may recall, Ukraine instituted proceedings against Russia before the International Court of Justice (ICJ) on February 26, 2022, on the basis of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide...
Ukraine Symposium – The Kerch Strait Bridge Attack, Retaliation, and International Law
For some time, Ukrainian forces have threatened to attack the 12-mile Kerch Strait Bridge that links Russia and the Crimean Peninsula. Russia built the bridge following its 2014 seizure and illegal annexation of Crimea. It is of symbolic value for both countries, a...
A Plea for “Animalizing” the International Law of Armed Conflict
Domestic, wild, or liminal, all animals are particularly vulnerable in wartime. They are often slaughtered, bombed, starved, or looted on a massive scale. When exercising war-related activities, animals such as dogs, horses, mules, donkeys, or camels are regularly...
Ukraine Symposium – Russia’s Forcible Transfer of Children
Earlier last month, the European Parliament adopted a resolution condemning the forced transfer of Ukrainian children to Russia. The resolution follows months of reporting that Russian authorities have been separating children from their parents, conducting abductions...
Ukraine Symposium – Illegality of Russia’s Annexations in Ukraine
On 30 September 2022, a ceremony took place in Moscow’s Kremlin in which Vladimir Putin, President of the Russian Federation, signed “treaties” with representatives of four entities formed in the territory of Ukraine: the so-called People’s Republics of Donetsk and...
Deficiencies and Ambiguities of the Treaty on the Prohibition of Nuclear Weapons
Touted as an effort to “reframe the debate on nuclear weapons,” the Treaty on the Prohibition of Nuclear Weapons (TPNW) has currently accumulated 66 ratifications, a little over a year after having reached the threshold of 50 ratifications when Honduras deposited its...
Civilian Risk Mitigation: Why Context Matters
The proverbial dust is now settling on the blast that was the publication of the new Civilian Mitigation Response and Action Plan (CHMR-AP). The reaction to this “response” plan has been mixed to say the least, with some commentators raising concerns that the Plan...
Türkiye’s Threats against Greece: A Violation of Article 2(4) of the UN Charter?
On September 5-6, 2022, the Greek Foreign Minister Mr. Nikos Dendias sent letters to the EU, NATO, and the UN to bring to their attention public statements made by Türkiye’s President Recep Tayyip Erdogan whose “openly threatening nature and tone are more than...
The U.S. DoD Civilian Harm Mitigation and Response Action Plan on Future Battlefields
On August 25, 2022, the U.S. Department of Defense (DoD) released the Civilian Harm Mitigation and Response Action Plan (CHMR-AP). In a previous post, Dan E. Stigall and Anna Williams provided a useful snapshot of the report, with the rationale underscoring the...
The “General Close of Military Operations” and the End of Armed Conflicts
The temporal scope of applicability of International Humanitarian Law (IHL) or Law of Armed Conflict (LoAC) – terms I use interchangeably in this post – has long been of personal scholarly interest. My academic work on the subject includes a book on the temporal scope...
The Israeli Unlawful Combatants Law Turns Twenty
Twenty years ago, in 2002, Israel enacted the Law on Incarceration of Unlawful Combatants (UCL or “the Law”). The UCL aimed to provide a basis in domestic legislation, in conformity with international law, for preventively detaining unlawful combatants, namely, those...
Ukraine Symposium – Targeting Leadership
Ukrainian President Volodymyr Zelensky recently spoke at length in Time magazine about assassination attempts against him. He indicated that Russian paratroopers had approached his location immediately after the invasion and that he heard nearby firefights from his...
Ukraine Symposium – Russian Crimes Against Children
Since the beginning of Russia’s full-scale invasion of Ukraine on 24 February 2022, there has been evidence that indicates Russian political and military leaders, as well as ordinary members of the military, have committed numerous international crimes, including...
Ukraine Symposium – Data-Rich Battlefields and the Future LOAC
Alongside the physical conflict in Ukraine, the parties are waging a ruthless data war. Russia continues to deploy its formidable "information war machine" to "confuse and disable" while Ukraine and non-State actors such as news organizations, think tanks, and NGOs...
Ukraine Symposium – Deception and the Law of Armed Conflict
As Ukraine continues to defend against Russian invasion, its armed forces are increasingly turning to deception operations to minimize their asymmetrical disadvantages with Russian forces. As part of the campaign to regain control of Kharkiv, for example, Ukraine’s...
“The Eye in Space”: ICEYE’s SAR Satellites and the Law of War
Private companies play a significant role in shaping and sustaining the military’s warfighting capabilities. The space industry is no exception and their over-sized ability to dictate battlefield conditions has been notable in the Russia-Ukrainian war. The most...
Talking About “War Crimes”
In May 2022, just a few months after Russia began its war on Ukraine, Ukrainian civilian prosecutors secured convictions against three captured Russian soldiers. The first, a young sergeant convicted of following an order to kill an unarmed 62-year-old civilian, was...
Ukraine Symposium – Photos of the Dead
As the death toll in the war between Russia and Ukraine climbs, the issue of how to properly treat the remains of dead soldiers has become a recurring theme (see, e.g., here and here). Some media reports claim, for example, that Ukrainian forces are publishing...
Assuming Risk – Artificial Intelligence on the Battlefield
Artificial intelligence and machine learning (AI/ML) have promising potential to bring faster, more accurate analysis to enable holistic decision-making on the battlefield. With the exponential increase of data from numerous battlefield sensors, AI/ML are expected by...
An Improved Approach to Civilian Harm Mitigation and Response: The Civilian Harm Mitigation and Response Action Plan (CHMR-AP)
The imperative to mitigate civilian harm during armed conflict is rooted in important humanitarian, moral, and legal bases. It is also “fundamentally consistent with the effective, efficient, and decisive use of force in pursuit of U.S. national interests” (Executive...
Ukraine Symposium – Protected Zones in International Humanitarian Law
Ongoing hostilities between Russia and Ukraine are placing the Zaporizhzhia nuclear power plant, which lies in Russian-occupied territory, at great risk. Damage to the facility could be so catastrophic that U.N. Secretary-General Guterres has warned, “We must tell it...
Ukraine Symposium – The Escalating Military Use of the Zaporizhzhia Nuclear Plant
In early March, I argued on these pages that Russian forces’ reported attack on the Zaporizhzhia Nuclear Power Plant likely violated the Additional Protocol I provisions protecting works containing dangerous forces, but probably fell short of the associated war crime....
Urban Siege Warfare: A Workshop Report
[Editor's note: The views expressed in this piece are those of the authors and not necessarily those of the ICRC, PILAC, or other participants.] Siege is a well-established practice in warfare. It seeks to compel surrender, reduce adversary resistance, or lay the...
“Weaponizing” Sexual Violence In War – An IHL Problem
As the war in Ukraine approaches the six-month mark, reports of sexual violence against women and girls, and also men and boys, mount almost daily. In an extraordinary step, trials of Russian soldiers accused of rape have already begun in Ukraine, some of them in...
Who Is Protected by the Fourth Geneva Convention? The Case of Civilians in Invaded Territory
Since the 19th century, the International Committee of the Red Cross (ICRC) has produced a long line of commentaries explaining the core treaties of international humanitarian law (IHL). It is currently in the process of updating its commentaries on the 1949 Geneva...
Ukraine Symposium – Oil Tankers as “Environmental Time Bombs,” or Not
Last month, Russian forces used two anti-ship missiles to target an abandoned cargo tanker adrift in the northern Black Sea. The vessel was loaded with around 600 tons of diesel fuel. An earlier Russian missile airstrike had already disabled the same vessel during the...
Classification of Non-Consensual State Interventions against an OAG
Constant progress in weaponry and means of transportation increasingly enables belligerents to cross borders to fight their enemy. Although not a new reality, cross-border armed conflicts between one or several States and an organized armed group (OAG) surged after...
Ukraine Symposium – Amnesty International’s Allegations of Ukrainian IHL Violations
On 4 August, Amnesty International released a report criticizing Ukraine for placing civilians at risk “by establishing bases and operating weapons systems in populated residential areas, including in schools and hospitals.” The organization asserted that “such...
Ukraine Symposium – Forced Conscription in the Self-Declared Republics
The Guardian recently reported that men in the Donbas region in eastern Ukraine are being forcibly conscripted into the armed forces of the self-declared Donetsk Peoples Republic (DPR) and Luhansk Peoples Republic (LPR). Although it appears this practice is not...
The al-Zawahiri Strike and the Law of Armed Conflict
Just after daybreak on July 31, the United States killed Ayman al-Zawahiri, Osama bin Laden’s former deputy and the current leader of al-Qaeda. Two Hellfire missiles struck him on the balcony of his home in Kabul. Nearby residents reported a loud blast along with an...
Can Starlink Satellites Be Lawfully Targeted?
In an earlier post, I discussed the special attribution regime in Article VI of the Outer Space Treaty (OST) and the risk of activities of commercial actors drawing States into existing armed conflicts. This analysis stemmed from Elon Musk providing Starlink services...
The ILC Draft Principles on Protection of the Environment in Armed Conflict
Introduction After almost a decade working on the topic “Protection of the environment in relation to armed conflicts” (PERAC), the UN International Law Commission (ILC) adopted on second reading 27 draft principles and a preamble during the first part of its 73rd...
The Defense Production Act: Assessing the Ukraine Arms Shortage
As Ukraine continues to defy early predictions of how long it can resist Russia’s invading forces, Ukraine’s partners are facing a growing dilemma. Supplies of arms and munitions critical to Ukraine’s resistance are dwindling. Other nations are deciding whether to...
Ukraine Symposium – Forced Civilian Labor in Occupied Territory
On July 27, the Institute for the Study of War reported that “Russian occupation officials are likely leveraging food aid and other humanitarian assistance to force occupied populations to cooperate with and work for Russian occupiers.” According to the report, the...
A Queer Eye on the Law of Armed Conflict
Author’s note: This post reflects a presentation given at the twenty-second congress of the International Society for Military Law and the Law of War (ISMLLW) held in Palazzo Vecchio, Florence, between May 10 and 14, 2022 within a panel dedicated to gender awareness...
Cyber Symposium – The Private Sector View on Use of Force
Editor’s note: The following post highlights a subject addressed in the symposium entitled The Evolving Face of Cyber Conflict and International Law: A Futurespective presented by the Lieber Institute for Law and Warfare at the American University, Washington College...
Cyber Symposium – The Evolution of Cyber Jus ad Bellum Thresholds
Editor’s note: The following post highlights a subject addressed in the symposium entitled The Evolving Face of Cyber Conflict and International Law: A Futurespective presented by the Lieber Institute for Law and Warfare at the American University, Washington College...
Cyber Symposium – Diplomatic Considerations for Armed Attack
Editor’s note: The following post highlights a subject addressed in the symposium entitled The Evolving Face of Cyber Conflict and International Law: A Futurespective presented by the Lieber Institute for Law and Warfare at the American University, Washington College...
Cyber Symposium – The Evolving Face of Cyber Conflict and the Jus ad Bellum: A Futurespective
From 15 through 17 June 2022, the Lieber Institute for Law and Warfare met in Washington, D.C. with the Tech, Law & Security Program at the American University, Washington College of Law to present a symposium entitled The Evolving Face of Cyber Conflict and...
“Reason to Know” in the Law of Command Responsibility
During the U.S.-led invasion and occupation of Afghanistan, the Australian Defence Force (ADF) collaborated with coalition forces to overcome the Taliban, secure peace in large portions of Afghanistan, train Afghan National Army soldiers and officers, complete...
The Law of Cyber Conflict: Quo Vadis?
[Editor’s note: The following post highlights a subject addressed in the Lieber Studies volume The Future Law of Armed Conflict, which was published 27 May 2022. For a general introduction to this volume, see Professor Matt Waxman’s introductory post.] Using...
Alleged UK War Crimes in Afghanistan
The Alleged Crimes and the Australian Parallels An investigation by the BBC television news program Panorama has reported that U.K. “SAS operatives in Afghanistan repeatedly killed detainees and unarmed men.” Intentionally killing detained persons or those hors de...
A New Political Declaration on Civilian Harm: Progress or Mythical Panacea?
On June 17, against a backdrop of the Russian invasion of Ukraine that has now killed or wounded over 11,000 civilians in a little more than four months, a group of States, the International Committee of the Red Cross (ICRC), and non-governmental organizations (NGOs)...
The Future Law of Neutrality
Editor’s note: The following post highlights a subject addressed in the Lieber Studies volume The Future Law of Armed Conflict, which was published 27 May 2022. For a general introduction to this volume, see Professor Matt Waxman’s introductory post. Months...
Drone Strikes, Military Advantage, and Armed Conflict
In my new book Drone Strike: Analyzing the Impacts of Targeted Killing, I review evidence about the impacts of U.S. targeted strikes outside war zones on Al Qaeda and associated forces (“Al Qaeda”), as well as civilians, over the last 20 years. This evidence includes...
Ukraine Symposium – Rebel Prosecutions of Foreign Fighters in Ukraine
On 1 July 2022 Russian state media reported that two British nationals captured by the “Donetsk People’s Republic” in eastern Ukraine would be prosecuted for “mercenary activities,” in violation of the laws of Donetsk. This comes a few weeks after two British men and...
Coding the Law of Armed Conflict: First Steps
[Editor’s note: The following post highlights a subject addressed in the Lieber Studies volume The Future Law of Armed Conflict, which was published 27 May 2022. For a general introduction to this volume, see Professor Matt Waxman’s introductory post.] Killer...
Ukraine Symposium – Documentation and Investigation Responses to Serious International Crimes
The armed conflict in Ukraine dates to 2014 when Russia invaded Crimea. Since that time, a number of important documentation and investigation efforts began, both nationally and internationally. These included efforts undertaken by civil society organizations like...
Ukraine Symposium – Lessons from Syria’s Ceasefires
Ceasefires are generally seen by academics, policy makers, and military and political personnel as being humanitarian and positive, or at worst, benign. However, increasing research and first-hand experience shows that, in fact, the consequences of ceasefires are...
Ukraine Symposium – The Attack on the Vasily Bekh and Targeting Logistics Ships
On June 17, Ukrainian forces successfully used a U.S.-supplied Harpoon anti-ship cruise missile to attack and sink a Russian resupply ship that “almost certainly” carried weapons and reinforcements bound for Snake Island in the Black Sea. Two weeks later, on June 30,...
Ukraine Symposium – The Release of Prisoners of War
As announced by Ukrainian authorities on 29 June 2022, the largest exchange of prisoners of war took place since the invasion by the Russian Federation. No fewer than 144 Ukrainian soldiers were reportedly released, including 95 who defended the Azovstal steelworks in...
Ukraine Symposium – The Risk of Commercial Actors in Outer Space Drawing States into Armed Conflict
Prior to the Russian invasion of Ukraine, the satellite communications firm Viasat confirmed a distributed denial of service (DDoS) attack that is suspected to have caused a partial outage in its broadband services across KA-SAT, a network that provides internet...
Ukraine Symposium – Putting “Overall Control” to the Test of the Third Geneva Convention
Detention is a common feature of both international and non-international armed conflicts (IAC and NIAC). Despite the increasing convergence in the regulation of the two types of conflicts as a matter of customary law, the rules on detention remain different. The...
How Human Rights Law Bodies Handle Situations of Armed Conflict and Human Rights Law
This is the second of two posts dealing with aspects of the relationship between the law of armed conflict (LOAC) and Human Rights Law (HRsL). HRsL bodies have long dealt with cases arising out of situations of armed conflict, even though the applicability of LOAC was...
The Relationship Between the Law of Armed Conflict and International Human Rights Law
This is the first of two posts on two specific aspects of the relationship between the law of armed conflict (LOAC) and international human rights law (HRsL). This post deals with the applicability of HRsL, first, in situations of armed conflict and, second, outside...
Finland and Sweden Invited to Join NATO: Significance and Process
On 29-30 June in Madrid, NATO held what its Secretary-General, Jens Stoltenberg, labeled a “historic and transformative” summit. Indeed, it was. And unsurprisingly so, for as the Secretary-General noted, NATO is facing the “most serious crisis [it] has faced since the...
Ukraine Symposium – The Atrocity Crimes Advisory Group & Ukrainian Prosecutions of Russian POWs – Part 3
In two previous posts (here and here), I addressed guilty pleas by three Russian soldiers recently processed by two Ukrainian domestic, civilian courts. This post synthesizes the previous posts’ observations into considerations for the recently-formed Atrocity Crimes...
Déjà Vu: International Landmine Law and the New U.S. Landmine Policy
Following a “comprehensive policy review,” the Biden Administration announced significant changes to U.S. Anti-Personnel Landmine (APL) policy on June 21, 2022. The new policy reverses most aspects of the Trump Administration’s 2020 policy. In fact, since the Clinton...
Ukraine Symposium – The Atrocity Crimes Advisory Group & Ukrainian Prosecutions of Russian POWs – Part 2
A prior post recounted the recent trial and guilty plea by Russian Army Sergeant Shishimarin in Ukraine. That post identified a number of important substantive and procedural legal considerations from those proceedings. This post provides similar attention to a...
Ukraine Symposium – The Atrocity Crimes Advisory Group & Ukrainian Prosecutions of Russian POWs – Part 1
On 25 May 2022, the European Union, the United States, and the United Kingdom announced the establishment of the Atrocity Crimes Advisory Group for Ukraine (ACA). According to the announcement, “[t]he overarching mission of the ACA is to support the War Crimes Units...
Military Markings and Unmanned Aerial Vehicles
The duty to distinguish oneself from non-combatants and civilians (e.g., by wearing a uniform or distinctive emblem) is a characteristic of every domain of warfare, including the aerial environment. In naval and air warfare, the main focus of distinction is on...
U.S. Strike Cells: Dispelling the Myths
Last August, in the wake of the U.S. withdrawal from Afghanistan, the world witnessed a disastrous incident in Kabul when ten Afghan civilians, including up to seven children, were killed by a U.S. drone strike meant for ISIS. It was a truly tragic event, without...
Ukraine Symposium – War Sanctions Steadily Degrade the Russian Maritime Sector
When Russia (re)invaded Ukraine in February, national sanctions imposed on Russian shipping companies and designated Russian-owned vessels and financial institutions began degrading the country’s maritime sector. These sanctions include the launch of “Task Force...
Ukraine Symposium – U.S. Offensive Cyber Operations in Support of Ukraine
Last Wednesday, General Paul Nakasone, Commander of United States Cyber Command and Director of the National Security Agency, opened the NATO Cooperative Cyber Defense Centre of Excellence’s annual CyCon Conference. In his address, General Nakasone discussed the...
Ukraine Symposium – Effects-Based Enforcement of Targeting Law
The international armed conflict between Russia and Ukraine tragically demonstrates that the European continent is still not immune from war. It also illustrates that the laws of war are only as effective as the leadership and discipline that guides military forces...
Ukraine Symposium – Is the Law of Neutrality Dead?
The 2022 Russia-Ukraine conflict has rekindled the debate about the validity of qualified neutrality during an international armed conflict. The concept is sometimes also referred to as benevolent neutrality. Since Russia’s invasion this year, nearly 40 nations,...
The Law of Armed Conflict in 2040
In the summer of 2020, the Lieber Institute team and I convened a workshop at West Point titled “LOAC 2040.” We invited a group of law of armed conflict (LOAC) scholars and practitioners from around the world, and with a range of perspectives, to consider how that...
Ukraine Symposium – Negotiating an End to the Fighting
As the conflict in Ukraine grinds on with no end in sight, speculation over the possibility of negotiating an end to the fighting continues. Most discussion has centered on the terms of any such agreement. Issues on the table have included, inter alia, the withdrawal...
Abu ‘Aram: Displacement of Persons, Displacement of Law
On May 4, 2022, Israel’s Supreme Court sitting as High Court of Justice handed down its decision in HCJ 413/13 Abu ‘Aram v. The Minister of Defense. This decision granted the Israeli military authorities permission to displace over 1,000 Palestinians (and possibly as...
Ukraine Symposium – Neutral State Access to Ukraine’s Food Exports
On May 14, the G7 group of industrialized nations met to devise a plan to ensure the export of Ukrainian grain to avert a global hunger crisis. The Russia-Ukraine conflict has created cascading effects on the region and the world, not least is the impact on food...
Foreign Fighters: The Terrorism/IHL Conundrum and the Need for Cumulative Prosecution
The attack launched by ISIS on 20 January 2022 against the Al-Sina’a Prison in Al-Hasakah, an area situated in North-Eastern Syria and currently under the authority of the Kurdish-led Syrian Democratic Forces, with the intention of freeing ISIS fighters held there,...
Ukraine Symposium – The Ukraine Conflict and the Future of Digital Cultural Property
Various international instruments explicitly provide for the protection of cultural property in armed conflict. As conceived, the law was formulated to protect physical works from damage or destruction in war. Events in Ukraine, however, have demonstrated that armed...
Ukraine Symposium – Are We at War?
Last week, allegations that the United States and a number of other NATO nations are providing intelligence to Ukraine that enables attacks against Russian forces continued to surface. Broadly speaking, the reports of intelligence sharing are credible. As Chairman of...
Ukraine Symposium – Destructive Counter-Mobility Operations and the Law of War
Decades of experience have greatly improved familiarity with, if not always fidelity to, law of war rules applicable to attacks on enemy forces. Less well appreciated is the law of war regime applicable to other acts of violence including destruction or demolition of...
Ukraine Symposium – Counternormativity and the International Order
Aspects of the shifting world order were recently addressed during The George Washington International Law Review’s 2022 Symposium, “The State of the Nation-State in International Law,” where many discussants noted the range of factors driving changes in the...
Ukraine Symposium – Building Momentum: Next Steps towards Justice for Ukraine
[Author's Note: I am a member of the Legal Task Force on Accountability for Crimes Committed in Ukraine, alongside Amal Clooney and other international lawyers and academics. I am writing in my own capacity.] *** On 27 April, 63 days after the Russian invasion, the UN...
Ukraine Symposium – Military Networks and Cyber Operations in the War in Ukraine
When Russia launched a full-scale invasion of Ukraine in February, many expected that the kinetic military action would be accompanied by extensive cyber operations. After all, the Sandworm group, an advanced persistent threat (APT) team forming part of Russia’s...
Augmented Reality Battlefield
States are prioritizing measures to enhance soldiers’ situational awareness during military operations, including the development of augmented reality capabilities. Augmented reality, as distinguished from virtual reality, superimposes digital content on a live view...