Choice of Law in the Laws of War

Choice of Law in the Laws of War

Choice of Law in the Laws of War In private international law, choice of law is a critical question concerned with identifying which legal system governs a dispute involving cross-border elements. A set of principles developed to address such questions does not...
Revisiting Application of Jus ad Bellum during an Ongoing International Armed Conflict

Revisiting Application of Jus ad Bellum during an Ongoing International Armed Conflict

Revisiting Application of Jus ad Bellum during an Ongoing International Armed Conflict The relationship between the existence of an international armed conflict (IAC) and the legality of the use of force under the jus ad bellum (JAB) remains conceptually distinct but...
Through the Looking Glass, Again: The Caroline Standard and a General Framework for Necessity-Based Self-Defense

Through the Looking Glass, Again: The Caroline Standard and a General Framework for Necessity-Based Self-Defense

Through the Looking Glass, Again: The Caroline Standard and a General Framework for Necessity-Based Self-Defense “Why, it’s a Looking-glass book, of course! And if I hold it up to a glass, the words will all go the right way again.” — Lewis Carroll, Through the...
The Evolving Architecture of the International Law of Military Operations: Mapping the Future of Legal Research in Armed Conflict

The Evolving Architecture of the International Law of Military Operations: Mapping the Future of Legal Research in Armed Conflict

The Evolving Architecture of the International Law of Military Operations: Mapping the Future of Legal Research in Armed Conflict International law governing military operations is undergoing a period of profound transformation. Rapid technological innovation...
The Moral Disorder of Jus ad Bellum and Jus in Bello Purity

The Moral Disorder of Jus ad Bellum and Jus in Bello Purity

The Moral Disorder of Jus ad Bellum and Jus in Bello Purity In my last post, I argued why the law of armed conflict (LOAC) does not require the absolute separation of jus in bello and jus ad bellum. I also identified how leading thinkers throughout history understood...
Of Open and Closed Systems – War Caught in Lotus and Anti-Lotus

Of Open and Closed Systems – War Caught in Lotus and Anti-Lotus

Of Open and Closed Systems – War Caught in Lotus and Anti-Lotus Within every system of law there are open legal sub-systems that offer residual freedom to act and closed sub-systems where residual prohibitions prevail. In the first, the maxim is that what is not...