Use of Force
Ukraine Symposium – Litigating the Act of Aggression as Human Rights Claims
The UN Human Rights Monitoring Mission in Ukraine reports that since February 2022, there have been 40,176 verified civilian casualties caused by the conflict in Ukraine: 12,340 killed and 27,836 injured. The number of combatant casualties is much higher. President...
Dilemmas of Defense: The U.S. Role in the Iran-Israel Conflict
On April 13, 2024, the Islamic Republic of Iran carried out an unprecedented operation, launching hundreds of drones and cruise missiles toward Israel. Reports indicate that Israel intercepted the majority of these drones and missiles with assistance from the United...
If the “Why” of War Shapes the “How” of Law, Who is Accountable?
The ongoing armed conflicts in Ukraine and Gaza illustrate the dangerous consequences of conflating jus ad bellum and jus in bello. This conflation risks undermining the universality of international humanitarian law (IHL) and reducing international criminal law (ICL)...
Israel’s Actions in Syria and the Outer Limits of Self-Defence
Following the fall of the al-Assad regime in Syria, Israel carried out a series of airstrikes across Syria targeting military facilities, weapons and ammunition depots, defence systems, and Syrian naval and aircraft fleets. The targets reportedly housed “chemical...
Taiwan Statehood (or not) and its Ramification for Armed Conflict
As outlined in a previous Articles of War post, the recent 2024 Lieber Workshop focused on international law and the future of multi-domain operations in the Indo-Pacific. One of the workshop’s panels featured rich discussions on the military and political situation...
Rules of Engagement in Large-Scale Combat Operations: Force Enabler or Much Ado About Nothing?
Rules of Engagement (ROE) have traditionally played a major role in the execution of military operations, particularly when a given situation has not reached the threshold of armed conflict. In more recent years, however, some military operations have used ROE to...
The Operational Consequences of Conflating the “Why” and “How” of War
In conflict, determining whose cause is “more just” can span the spectrum of opinion and complexity. For example, most States consider Ukraine to be the “victim” State in its international armed conflict (IAC) with Russia. Shortly after the invasion, the UN Security...
Iran and Israel: The Light Treatment of Jus ad Bellum
In the early hours of October 26, 2024, the Israel Defence Forces (IDF) launched a large-scale attack against Iran. According to the IDF, these were “precise and targeted strikes against military targets in a number of areas in Iran.” While details on the nature and...
The Evolving Interpretation of the Use of Force in Cyber Operations: Insights from State Practices
Editors’ note: This post is drawn from the author’s article-length work with Professor Michael Schmitt, “Cyberspace and the Jus ad Bellum: The State of Play” appearing in International Law Studies. The post and the article are both based on course work that the author...
Ukraine Symposium – Ukraine, International Law, and Humanitarian Intervention
Responses to States that commit atrocities against their own people have long eluded international law. Some have pinned hopes on the concept of “humanitarian intervention,” whereby a State uses force (or threatens to use force) within the borders of a non-consenting...
The Virginia-Georgetown Manual Concerning the Use of Force Under International Law: Rules and Commentaries on Jus Ad Bellum
As current events so clearly demonstrate, there is no subject more fundamentally important to the maintenance of global security than that of the jus ad bellum, the rules and procedures for assessing the permissibility of a State’s resort to force in its international...
Ukraine Symposium – Ukraine’s “Indefinite” Incursion into Russia and the Jus ad Bellum
In early August, following two and a half years of attempts to repulse invading Russian forces from its eastern territories, Ukraine conducted a large-scale ground counteroffensive into Russia from its northern border. In the largest incursion of its kind since the...
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