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The Russia-Ukraine War and the Space Domain
As demonstrated by this symposium, every domain of the ongoing Russia-Ukraine War presents critical legal questions. This post focuses on the potential consequences of the war on the space domain. Although Russia continues to play a vital role in the development and...
Special Forces, Unprivileged Belligerency, and the War in the Shadows
The February 24, 2022 invasion of Ukraine resulted in news reports of fear in the streets of Kyiv as Ukrainian forces engaged in “a frantic hunt for spies and traitors,” as well as saboteurs and teams seeking to kill President Zelensky and 23 other leaders within...
On War
As the invasion of Ukraine was starting, the Russian Ambassador to the United Nationals responded to the Ukrainian Special Envoy “Don’t call this a war. This is called a ‘special military operation in Donbass.’” Other Russian Ambassadors reiterated the statement...
The Russia-Ukraine War and the European Convention on Human Rights
As with the 2008 Russia-Georgia conflict, the war between Russia and Ukraine—likely to last much longer and be far more brutal than the Georgian conflict—is fought by two States Parties to the European Convention on Human Rights (ECHR). Both are subject to the...
Neutrality in the War against Ukraine
This contribution briefly addresses the question of whether and to what extent States that are not parties to the war against Ukraine are bound by the law of neutrality. In particular, are these States obliged to refrain from any assistance to Ukraine, including by...
Terrorist Offences and IHL: The Armed Conflict Exclusion Clause
In our current article in the International Review of the Red Cross, we discuss the so-called “armed conflict exclusion clause” (also known as an “international humanitarian law (IHL) exclusion clause” or “IHL savings clause”). This clause regulates the relationship...
The U.S. Legal Obligation to Take Precautions to Minimize Civilian Harm
U.S. Special Forces recently conducted a raid against the residence of the Islamic State’s leader. President Biden and other U.S. Department of Defense officials ordered a ground operation rather than an air strike to conduct the attack. They characterized this...
Through the Drone Looking Glass: Visualization Technologies and Military Decision-Making
On 29 August 2021, the U.S. military launched its last drone strike in Afghanistan before American troops withdrew from the country. The strike targeted a white Toyota Corolla near Kabul’s international airport, driven by Zemari Ahmadi, believed to be carrying an ISIS...
Privacy vs. Precaution in Future Armed Conflict
The operational demands of modern armed conflict highlight a pressing need for information, including highly private data about persons. This post examines the balance between personal privacy and armed forces’ need to identify persons with a high degree of integrity...
Over-the-Horizon Operations – Part III: How May Force Be Used?
Part I of this series examined when the United States may lawfully resort to force in the form of over-the-horizon (OTH) operations, a question that looms large given President Biden’s July announcement that the United States is developing the capability in light of...
Over-the-Horizon Operations – Part II: Where May Force Be Used?
Part I of this series examined the issue of when the United States would enjoy a legal right to conduct over-the-horizon (OTH) operations. It identified three bases for such operations: UN Charter Chapter VII authorization or mandate, self-defense, and request from...
Over-the-Horizon Operations – Part I: When May Force Be Used?
Responding in early July to concerns about the withdrawal of troops from Afghanistan after two decades of war, President Biden announced, “We are developing a counterterrorism over-the-horizon capability that will allow us to keep our eyes firmly fixed on any direct...
