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Israel – Hamas 2023 Symposium – After the Battlefield: Transnational Criminal Law, Hamas, and Seeking Justice – Part II
Editor’s note: This is the second in a two-part series illustrating the “transnational legal order” that must be used to counter Hamas outside the battlefield. The first post discussed the range of international legal instruments that comprise the transnational legal...
Israel – Hamas 2023 Symposium – After the Battlefield: Transnational Criminal Law, Hamas, and Seeking Justice – Part I
Editor’s note: This is the first in a two-part series illustrating the “transnational legal order” that must be used to counter Hamas outside the battlefield. The second post will address potential challenges to using transnational legal mechanisms required for the...
Israel – Hamas 2023 Symposium – Iran’s Responsibility for the Attack on Israel
One important question that arises from Hamas’s surprise offensive against Israel relates to Iran’s involvement in the attack. According to the Wall Street Journal, Iran’s role was significant. Iranian security officials helped to plan the attack and “gave the green...
Israel – Hamas 2023 Symposium – The Circle of Suffering and the Role of IHL
Great suffering is the cause and consequence of armed conflict. International humanitarian law (IHL) sets a minimum base line of humanity at times when tensions and emotions run at unbearably high levels. By finding a balance between military necessity and the...
Israel – Hamas 2023 Symposium – Beyond the Pale: IHRL and the Hamas Attack on Israel
The October 7, 2023 attack by armed Hamas militants against Israel and the long string of atrocities committed by them against Israeli civilians and military personnel has already been the subject of legal analysis on Articles of War (see here, here and here). Beyond...
Israel – Hamas 2023 Symposium – Siege Law and Military Necessity
It is no surprise that the debate over the legality of Israeli measures directed against Hamas is already gaining momentum. Public discussion has focused, at least for now, on Israeli Defense Minister Gallant’s declaration that, “no electricity, no food, no water, no...
Israel – Hamas 2023 Symposium – Hostage-Taking and the Law of Armed Conflict
In the early morning of October 7, the Jewish holiday of Simchat Torah, the militant Palestinian group Hamas launched Operation Al-Aqsa Flood, a surprise attack against Israel. Its military wing, the Al-Qassam Brigades, fired thousands of rockets from the Gaza Strip...
Israel – Hamas 2023 Symposium – The Legal Context of Operations Al-Aqsa Flood and Swords of Iron
On Saturday morning, the armed wing of Hamas, the Izz ad-Din al-Qassam Brigades, launched Operation Al-Aqsa Flood, a brutal surprise attack into Israel that included a barrage of over 3,000 missiles and the air, sea, and land penetration of Israeli territory. This was...
Islamic Jihadism and the Laws of War
In my position as the International Committee of the Red Cross (ICRC) regional legal coordinator in the Middle East and North Africa for the last ten years, I’ve had the sad privilege to witness the ugly wars between various States and the Islamic jihadist groups that...
Military Aid to Russia and International Law
North Korea’s leader, Kim Jong-un, is in Russia to discuss military support, including supplying artillery shells and rockets, for Russian operations against Ukraine. In the past, North Korea has supplied the Wagner Group with arms and ammunition. Its support to...
Russia’s Interdiction of Neutral Merchant Vessels and the Law of the Sea
On August 12, 2023, the Russian patrol ship Vasily Bykov intercepted the Turkish-owned, Palau-flagged merchant ship Sukru Okan in the Black Sea between its point of embarkation in Chalkis, Greece and its destination of Izmail, Ukraine. The incident occurred less than...
The Mission Against IS-affiliate Ansar al-Sunna in Mozambique: Does the Law of NIAC Apply?
In October 2017, Ansar al-Sunna, a non-State group, initiated a violent conflict in Cabo Delgado, Mozambique. In April 2018, the group pledged allegiance to the Islamic State (IS) and, from 2019, IS endorsed its activities. In March 2021, the U.S. government...
The Anti-ISIL Coalition, Civilian Harm, and the Obligation to Investigate
This post is drawn from the author’s article-length work, “How Does the Obligation to Investigate Alleged Serious Violations of International Humanitarian Law Apply in Ad Hoc Military Coalitions?” appearing in The Military Law and the Law of War Review. In recent...
Ukraine Symposium – Territorial Acquisition and Armed Conflict
Soon after the outbreak of its international armed conflict with Ukraine in 2014, Russia annexed Crimea. Eight years later, it also annexed territory around the four Ukrainian oblasts of Donetsk, Luhansk, Kherson, and Zaporizhzhia. In each case, the annexations, which...
Merchant Shipping as Military Objectives and Naval Economic Warfare
On July 17, 2023, within 48 hours of the suspension of the Black Sea Grain Initiative, Russia and Ukraine made pivotal declarations potentially expanding the scope of their hostilities to a hitherto unprecedented scale. Both States declared their willingness to...
Can the Black Sea Grain Initiative Continue Without Russian Participation?
On July 17, 2023, the Black Sea Grain Initiative expired after Russia refused to extend the term of the UN-brokered accord that has “facilitated the export of more than 30 million tonnes of Ukrainian grain to global markets via three Black Sea ports.” Russia...
Harvesting Vulnerability: The Challenges of Organ Trafficking in Armed Conflict
This post is drawn from the author’s article-length work, “Harvesting Vulnerability: The Challenges of Organ Trafficking in Armed Conflict” appearing in the International Review of the Red Cross. Over 140,000 organ transplants are performed each year worldwide, a...
Ukraine Symposium – Transfers of POWs to Third States
Introduction On 9 June 2023, media reported that Hungary received eleven Ukrainian Prisoners of War (POWs) from Russia. More than a week later, Reuters reported that three of these persons had been repatriated to Ukraine. The exact circumstances of how the group of...
International Law and Accountability for the Nova Kakhovka Dam Disaster
The Dnieper River is one of the largest transboundary rivers in Europe, originating in Russia, flowing through Belarus and Ukraine before reaching the Black Sea. The river is Ukraine’s primary water source and covers a significant portion of the country. Ukraine has...
How Qualified Neutrality Impacts the Law of Contraband
It is often thought that the outcome of the Russia-Ukraine conflict may depend heavily on the amount and type of military equipment that both parties are able to bring to the battlefield. Depriving the enemy State of material it needs to sustain its warfighting...
Curing the COIN Hangover
As we are adapting to the new reality of preparing for large scale combat operations (LSCO) rather than just the next counter insurgency (COIN) or counter terrorism (CT) operation, educators and trainers are raising the same concern: our forces are struggling to...
Putin Admits to Funding the Wagner Group: Implications for Russia’s State Responsibility
On June 27, 2023, Russian President Vladimir Putin made a remarkable announcement. After years of denying any links between the Wagner Group and the Russian State, Putin stated, “I want to point out and I want everyone to know about it: The maintenance of the entire...
A New Silenus Box: The French Manual on the Law of Military Operations
French armed forces have participated in more than a hundred military operations since 1995. Enhanced operational activity notwithstanding, France strives to consistently keep its military operations in line with international law. The new French Manual on the Law of...
Contracts Between the Wagner Group and Russia’s Defense Ministry: International Law Implications
After months of infighting between Russian defense officials and the Wagner Group, the Deputy Defense Minister, Nikolai Pankov, announced on June 10, 2023, that “volunteer formations” would be required to sign contracts with the Russian Ministry of Defense before the...
Large-Scale Combat Operations Symposium – Detention in Non-International Armed Conflict
Editor’s note: The following post highlights a subject addressed during an expert workshop that the Lieber Institute co-convened alongside Harvard Law School’s Program on International Law and Armed Conflict and the International Committee of the Red Cross, focusing...
Large-Scale Combat Operations Symposium – Introduction
Editor’s note: The views expressed in this post are those of the authors and not necessarily those of the ICRC, HLS PILAC, or other workshop participants. Large-scale combat operations (LSCOs) involve widespread, devastating violence, usually on a vast scale. They...
Reflections on the DoD General Counsel’s Cyber Law Address
On Tuesday, the General Counsel of the Department of Defense, the Honorable Caroline Krass, addressed the annual United States Cyber Command Legal Conference. Her speech followed in the footsteps of Hon. Harold Koh’s 2010 presentation to the conference as Department...
Rebellious Detention: Reflections on the ICRC Study on Detention by Non-State Armed Groups
Editor's note: We are delighted to publish this post on the subject of armed groups by Dr. Ezequiel Heffes. In addition to being a valued contributor to Articles of War, Dr. Heffes is an Editor of the blog Armed Groups and International Law, where readers can find...
Ukraine Symposium – Accountability for Cyber War Crimes
In our digitally connected and technology-dependent world, cyber-attacks on critical infrastructure such as electric power grids, water treatment facilities, and industrial control systems have far-reaching safety and security consequences. When these attacks are...
The Dutch Chora Judgment: Ex-Gratia Payments and Compensation
Recently, a Dutch district court in The Hague delivered its judgment concerning claims arising from a 2007 battle in Chora, Afghanistan. Whereas an earlier post by Marten Zwanenburg reviewed the judgment with a focus on the alleged violations of International...
ICJ Ruling on Iran’s Proxy War: The United States Must Pay
On March 30, the International Court of Justice issued a ruling on financial measures that the United States had adopted against Iranian assets. The case was brought by Iran, seeking to challenge the legality of these financial measures as a breach of the Treaty of...
“Strict” versus “Qualified” Neutrality
The support neutral States are providing Russia and Ukraine has ignited a debate over neutrality. It is one of existential magnitude for Ukraine. Indeed, the survival of Kyiv in early 2022 can be attributed in significant part to external support, particularly the...
Ukraine Symposium – Russia’s “Re-Education” Camps: Grave Violations Against Children in Armed Conflict
On March 17, 2023, the International Criminal Court (ICC) issued arrest warrants for Russian president Vladimir Putin and Maria Lvova-Belova, Commissioner for Children’s Rights in the Office of the President of the Russian Federation. The warrants allege that Putin...
Ukraine Symposium – The Law of Crowdsourced War: Democratized Supply Chains – Part II
In the first of this two-part post addressing the legal and practical implications of democratized supply chains, I focused on the individual risks that those who engage in these activities incur. I explored whether their actions can amount to direct participation in...
Balloons are Not Always Joyful: The Legality of Downing the Chinese Spy Balloon
On January 28, 2023, a Chinese high-altitude balloon (HAB) entered U.S. airspace near Alaska and, after transiting Canadian airspace, continued its voyage from the west to the east coast. On February 4, 2023, the United States shot down the HAB over the territorial...
U.S. Evidence Sharing with the ICC
The U.S. Supreme Court often reminds our government that it must speak with one voice in the world. This is no less true within an administration than it is across the federal branches or with respect to the community of States. From 1793 when George Washington...
Ukraine Symposium – Seizure of Russian State Assets: State Immunity and Countermeasures
On 24 February 2023, the United Kingdom (UK) government objected to the Seizure of Russian State Assets and Support for Ukraine Bill in the House of Commons, proposed legislation that would require the government to put measures in place to seize frozen Russian State...
Dimensions of Russian Aggression and the International Legal Order
Russia’s war against Ukraine has many dimensions: conventional, economic, cyber, informational, and cultural. Recent research, prepared by the Economic Security Council of Ukraine in cooperation with the State Service of Special Communication and Information...
Ukraine Symposium – The Wagner Group: Status and Accountability
Since Russia commenced its full-scale invasion of Ukraine in February 2022, the Wagner Group has come out of the shadows. Used by the Kremlin as an alternative fighting force since 2014, the private military company (PMC) now operates with a much greater degree of...
The US Space Force at 3: Growing Dangers for a Growing Branch
On 20 December 2022, the US Space Force (USSF) will celebrate the third anniversary of its creation—an anniversary that comes at the end of a year rife with space-related challenges. The after-effects of Russia’s November 2021 kinetic anti-satellite (ASAT) missile...
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...
