by
Ronald Alcala
| Feb 11, 2021 | AoW Posts, Interpretation & Development, Topics
Opinio Juris and the Essential Role of States Scholars, jurists, and practitioners have increasingly come to rely on non-State expressions to explain the customary law of armed conflict. This trend is problematic because it runs counter to how customary...
by
Michael W. Meier
| Feb 3, 2021 | AoW Posts, Detention, Interpretation & Development, Topics
The Updated GCIII Commentary: A Flawed Methodology? In June of 2020, as part of its ongoing multi-year effort, the International Committee of the Red Cross (ICRC) launched its updated Commentary on the Third Geneva Convention of 1949. The Commentary analyzes...
by
Shane Reeves,
Robert Lawless
| Jan 27, 2021 | Accountability, AoW Posts, Conflict Classification, Interpretation & Development
Reexamining the Law of War for Great Power Competition The United States has shifted its national defense posture to focus on “the reemergence of long-term, strategic competition” with “revisionist powers”—namely China and Russia. The government is heavily...
by
Sean Watts
| Dec 15, 2020 | AoW Posts, Detention, Interpretation & Development, Topics
Interpretation in the Updated GCIII Commentary The International Committee of the Red Cross (ICRC) Updated Commentary to the Third Geneva Convention is a remarkable feat of scholarship worthy of serious academic attention. It leaves almost no interpretive stone...
by
Jeroen van den Boogaard
| Dec 11, 2020 | AoW Posts, Interpretation & Development, Topics
Reimagining IHL Principles Part II: A New Framework Part II: A New Framework for IHL Principles To open the debate, in my previous post I argued that military necessity, humanity, chivalry, and proportionality are not IHL principles. Rather, they are either...
by
Jeroen van den Boogaard
| Dec 8, 2020 | AoW Posts, Interpretation & Development, Topics
Reimagining IHL Principles Part I: The Wrong Principles Part I: We Have Been Using the Wrong Principles Most textbooks and State military manuals on the law of armed conflict, or international humanitarian law (IHL), contain a chapter entitled “the principles of IHL.”...
