International Humanitarian Law as Jus Cogens

International Humanitarian Law as Jus Cogens

International Humanitarian Law as Jus Cogens International peremptory norms have received a variety of definitions and constructions. The definition relevant to the law of treaties states: a peremptory norm is such if it cannot be derogated from by a special legal...
Prisoner of War Repatriation and Interpretive Choice – Part III: A Lesson from Military History?

Prisoner of War Repatriation and Interpretive Choice – Part III: A Lesson from Military History?

Prisoner of War Repatriation and Interpretive Choice – Part III: A Lesson from Military History? Parts I and II of this three-part post outlined the legal framework applicable to post-war repatriation of prisoners of war and highlighted two prominent fault lines...
Prisoner of War Repatriation and Interpretive Choice – Part II: Involuntary Post-War Repatriation

Prisoner of War Repatriation and Interpretive Choice – Part II: Involuntary Post-War Repatriation

Prisoner of War Repatriation and Interpretive Choice – Part II: Involuntary Post-War Repatriation Part I of this three-part post outlined the law of war applicable to post-war repatriation of prisoners of war. It further recounted how questions concerning...
Prisoner of War Repatriation and Interpretive Choice – Part I: The Legal Framework and Reciprocity

Prisoner of War Repatriation and Interpretive Choice – Part I: The Legal Framework and Reciprocity

Prisoner of War Repatriation and Interpretive Choice – Part I: The Legal Framework and Reciprocity Prisoner of war repatriations have long been thorny, contentious post-war affairs. Disputes over their timing, scope, and implementation have routinely threatened...
Gaps and Seams in the Law of Armed Conflict for AI-Enabled Cyber Operations

Gaps and Seams in the Law of Armed Conflict for AI-Enabled Cyber Operations

Gaps and Seams in the Law of Armed Conflict for AI-Enabled Cyber Operations The continued, robust use of cyber operations in both competition and conflict has inspired many States to express whether and how international law applies to cyber operations. While these...
Anything Other Than a Classic NIAC: Examining Myanmar’s Legal Battlefield

Anything Other Than a Classic NIAC: Examining Myanmar’s Legal Battlefield

Anything Other Than a Classic NIAC: Examining Myanmar’s Legal Battlefield Myanmar’s civil unrest is traditionally characterised as a non-international armed conflict (NIAC). It arguably represents one of the most enduring civil wars in modern history. For the past...