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...
The Ban on Force or the System: What’s Really Dying?

The Ban on Force or the System: What’s Really Dying?

The Ban on Force or the System: What’s Really Dying? In the past year, a growing chorus of voices has warned that the international “rule-based” order—along with the prohibition on the use of force—is unraveling, with the United States poised to withdraw from the very...
Exceptions to the Separation Between the Jus ad Bellum and Jus in Bello

Exceptions to the Separation Between the Jus ad Bellum and Jus in Bello

Exceptions to the Separation Between the Jus ad Bellum and Jus in Bello According to canonic learning and overwhelming practice, the rules of the jus ad bellum and those of the jus in bello are separated in the sense that the application of each depends on its own...