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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,...
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 – 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...