Use of Force
Applying the Unwilling or Unable Test: Israel Strikes Houthi Targets in Yemen
On July 18, 2024, Houthi rebels conducted a drone strike in Tel Aviv, killing one person and wounding at least ten others. The attack was carried out by an Iranian Samad-3 drone that had been modified to conduct the long-range strike. The attack constitutes the first...
Russia’s Alleged Nuclear Anti-Satellite Weapon: International Law and Political Rhetoric
The development and testing of anti-satellite weapons (ASATs), as well as debates concerning the legal and policy implications of ASAT testing and use, have existed since soon after the dawn of the Space Age. The centrality of these issues has waxed and waned over...
Space Privateers or Space Pirates? Armed Conflict, Outer Space, and the Attribution of Non-State Activities
Famously, George Clemenceau, Prime Minister of France at the end of the First World War, quipped that “generals always prepare to fight the last war, especially if they won it.” Such flaws of perspicacity, of course, are not limited to generals. After all, as Nobel...
Houthi Attacks on Merchant Vessels in the Red Sea
The Red Sea has seen a rise in attacks on merchant ships since 19 October 2023. Although the number of ships having been attacked differs depending on the sources used, the number has by now at the very least exceeded 50 (see here and here). Beyond injuries to crew,...
Reconceptualizing Norm Conflict in International Law
Editor’s Note: This post is drawn from the author’s article-length work, “Reconceptualizing Norm Conflict in International Law,” recently published in The Asian Journal of International Law. Representative of the traditional approach to defining “norm conflict” under...
In Honor of Yoram Dinstein – (Not) The Day After in Gaza
Editors’ note: This post is part of a series to honor Professor Yoram Dinstein, who passed away on Saturday February 10, 2024. These posts recognize Professor Dinstein’s work and the significant contribution his scholarship has made to our understanding of...
In Honor of Yoram Dinstein – The Separation Between the Jus in Bello and the Jus ad Bellum
Editors’ note: This post is part of a series to honor Professor Yoram Dinstein, who passed away on Saturday February 10, 2024. These posts recognize Professor Dinstein’s work and the significant contribution his scholarship has made to our understanding of...
In Honor of Yoram Dinstein – Will the Separation Between Jus ad Bellum and Jus in Bello Survive the Conflicts in Ukraine and Gaza?
Editors’ note: This post is part of a series to honor Professor Yoram Dinstein, who passed away on Saturday February 10, 2024. These posts recognize Professor Dinstein’s work and the significant contribution his scholarship has made to our understanding of...
The Department of Defense’s In Extremis Legal Challenges During Modern Warfare
A Department of Defense (DoD) lawyer has for a client an organization with a remarkable number of dilemmas, all of which must be resolved (or at least addressed) lawfully, consistent with the norms and duties of the profession of arms, and in full view of an...
In Honor of Yoram Dinstein – The San Remo and the Newport Manuals on the Law of Naval Warfare
Editors’ note: This post is part of a series to honor Professor Yoram Dinstein, who passed away on Saturday February 10, 2024. These posts recognize Professor Dinstein’s work and the significant contribution his scholarship has made to our understanding of...
Retaliation, Retribution, and Punishment and International Law
On April 13, Iran launched a massive missile and drone attack on Israel. Hezbollah and Houthi attacks took place contemporaneously. Israel, alongside forces from France, the United Kingdom, the United States, and Jordan, successfully neutralized most of these threats,...
Attacks on Merchant Shipping: Which State Has the Right to Respond in Self-Defence?
On April 13, 2024, Iranian special forces seized the Portuguese flagged MSC Aries near the Strait of Hormuz as it sailed towards the Nhava Sheva port in India. The ship, which contained a predominantly Indian or Filipino crew, was chartered and operated by the...
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