Occupation Resistance, War-Rebels, and the Lieber Code

Occupation Resistance, War-Rebels, and the Lieber Code

Occupation Resistance, War-Rebels, and the Lieber Code The origin of the codified law of belligerent occupation is often traced to the Hague Regulations of 1899 (updated in 1907). However, the Lieber Code of 1863 laid important and underappreciated legal groundwork...
Assassination in the Law of War

Assassination in the Law of War

Assassination in the Law of War Few lawyers better appreciated the importance of terminological precision than my late friend and law of war colleague, Hays Parks. Over three decades ago, he turned his attention to assassination.  This post builds on his work by...
Hays Parks and U.S. Views on Targeting Law

Hays Parks and U.S. Views on Targeting Law

Hays Parks and U.S. Views on Targeting Law Three decades after its publication, Colonel W. Hays Parks’s article Air War and the Law of War remains a key resource for attorneys who advise on targeting operations. The article is noteworthy for its deep exploration of...
Symposium Intro: Hays Parks’s Influence on the Law of War

Symposium Intro: Hays Parks’s Influence on the Law of War

Symposium Intro: Hays Parks’s Influence on the Law of War Most developments and codifications of the law of war have been responses to the evolving character of warfare. Indeed, a timeline of law of war treaties reads like a chronicle of changes in the tactics,...
Is the Lieber Code Humanitarian?

Is the Lieber Code Humanitarian?

Is the Lieber Code Humanitarian?   Some critics maintain that the Lieber Code is not humanitarian. They are surprised and disappointed that Francis Lieber—one of the fathers of the modern law of war and an inspiration for the Hague Conferences—fails to meet their...
Whither Recognition of Belligerency?

Whither Recognition of Belligerency?

Whither Recognition of Belligerency?   Delineating, defining, and dealing with how the law of armed conflict applies to civil wars and other non-international armed conflicts (NIACs) has presented constant legal challenges over the last two decades. Numerous...