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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 – 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...
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...
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...
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...
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...
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...
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...
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...
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 – 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,...