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The U.S. Turkish Drone Shootdown Over Syria and the Jus Ad Bellum
In early October, the United States shot down an armed Turkish unmanned aerial vehicle (drone) operating over Syrian airspace with an F-16 fighter jet. The aerial engagement was unusual, if not unprecedented, in that it targeted an aircraft belonging to “one of...
Israel – Hamas 2023 Symposium – Refugee Law
International refugee law and human rights law are both crystal clear when it comes to protecting people from persecution and other serious harm. People must not be forced back to any place where they face a real risk of being persecuted or subjected to torture,...
Arms Exporters’ Corporate Liability for Due Diligence Failures
The intensification of the armed conflict between Israel and Hamas is reported to have led to another surge in international arms sales. In fact, lately, new weapon systems have been in increasing demand from various countries. The Stockholm International Peace...
International Law, Political Will, and Regulation of the Foreign-Fighter Phenomenon
Editor’s Note: This post is based on an article, “Regulating the Foreign-Fighter Phenomenon” published in the Virginia Journal of International Law, available here. Across at least three centuries, foreign fighters—individuals who voluntarily depart their countries of...
The Emergence of Collective Countermeasures
Editor’s Note: This post is based on a forthcoming article, “War Reparations: The Case for Countermeasures” in the Stanford Law Review, available here. When Russia invaded Ukraine on February 24, 2022, it launched the largest land war in Europe since the Second World...
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...
