Reexamining the Law of War for Great Power Competition

Reexamining the Law of War for Great Power Competition

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...
Interpretation in the Updated GCIII Commentary

Interpretation in the Updated GCIII Commentary

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...
Reimagining IHL Principles Part II: A New Framework

Reimagining IHL Principles Part II: A New Framework

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...
Reimagining IHL Principles Part I: The Wrong Principles

Reimagining IHL Principles Part I: The Wrong Principles

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.”...
The Unintended Consequences of International Court Decisions

The Unintended Consequences of International Court Decisions

The Unintended Consequences of International Court Decisions   In response to a prosecution appeal in the case of The Prosecutor v. Bosco Ntaganda, the International Criminal Court (ICC) is currently considering the meaning of “attack” under the Rome Statute. The...
Ending Wars: The Law of War’s Latest Source of Stress

Ending Wars: The Law of War’s Latest Source of Stress

Ending Wars: The Law of War’s Latest Source of Stress   The nineteenth anniversary of 9/11 offered a telling reminder of the problem of “forever wars.” In the United States, few Americans under the age of thirty can remember when the country was not involved in...