Terrorism Counterterrorism
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 – 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...
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...
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...
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...
TOPICS
