Rules of Engagement
Rules of Engagement in Large Scale Combat Operations
As the focus of U.S. military doctrine and contingency planning shifts from counterinsurgency (COIN) campaigns toward large-scale combat operations (LSCO), Judge Advocates must anticipate changing operational law issues. In this environment, developments regarding the...
Future Conflicts, Civilian Harm, and the CHMR-AP – Part I
As U.S. Secretary of Defense Lloyd Austin has stated, mitigating civilian harm is not only a legal and moral imperative, it is also a strategic imperative. To realize these imperatives, on August 25, 2022, Secretary Austin approved the Civilian Harm Mitigation and...
Civilian Harm Mitigation and Response Action Plan: Observations from a Combat Training Center
The August 25, 2022 publication of the Department of Defense Civilian Harm Mitigation and Response Action Plan (CHMR-AP) generated debate about whether it is capable of being applied by the DoD across the full continuum of conflict. That continuum ranges from counter...
Ukraine Symposium – What’s in a Name? Getting it Right for the Naval “Drone” Attack on Sevastopol
Editors’ Note: As part of our 2023 Year Ahead series, our Board of Advisors member Prof. Dr. Wolff Heintschel von Heinegg presciently identified legal issues concerning maritime drones as a subject to watch this year. It did not take long for the field to respond. Our...
Alleged UK War Crimes in Afghanistan
The Alleged Crimes and the Australian Parallels An investigation by the BBC television news program Panorama has reported that U.K. “SAS operatives in Afghanistan repeatedly killed detainees and unarmed men.” Intentionally killing detained persons or those hors de...
A No-Fly Zone over Ukraine and International Law
In an impassioned address to the U.S. Congress on March 16, Ukraine’s President, Volodymyr Zelensky, asked the United States for additional military assistance, including the establishment of a no-fly zone. This is a terror that Europe has not seen, has not seen for...
Legal Advice in Modern Aerial Warfare
Military lawyers play an increasingly vital role in lethal (and non-lethal) targeting operations. Although their involvement is operationally and geographically provisional, legal advice is transforming the way that contemporary war is fought and understood. I spent...
Military Partners and the Obligation to “Ensure Respect” for IHL
The Common Article 1 obligation to “ensure respect” for international humanitarian law (IHL) has become a topic of considerable reflection and debate. The extent to which States must influence others to respect the Conventions is a thorny and unresolved issue. Yet,...
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