Is the Time for Law of War Treaty Commentaries Over?

Is the Time for Law of War Treaty Commentaries Over?

by | Feb 26, 2021 | AoW Posts, Interpretation & Development, Topics

Is the Time for Law of War Treaty Commentaries Over?   In two recent Articles of War posts, Sean Watts and Michael Meier criticized the Updated Commentary of Geneva Convention III. Rather than focusing on specific interpretations adopted or suggesting other...
Experts Weigh in on Law of Armed Conflict Priorities

Experts Weigh in on Law of Armed Conflict Priorities

by | Feb 18, 2021 | Accountability, AoW Posts, Interpretation & Development, Topics

Experts Weigh in on Law of Armed Conflict Priorities   Presidential transitions present natural opportunities to reconsider national priorities. With the inauguration of a new administration, we asked our Lieber Senior Fellows and Lieber Distinguished Scholar...
Opinio Juris and the Essential Role of States

Opinio Juris and the Essential Role of States

by | 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...
The Updated GCIII Commentary: A Flawed Methodology?

The Updated GCIII Commentary: A Flawed Methodology?

by | 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...
Lessons for Legal Advisors from the Brereton Report

Lessons for Legal Advisors from the Brereton Report

by | Jan 19, 2021 | Accountability, AoW Posts, Topics

Lessons for Legal Advisors from the Brereton Report International humanitarian law practitioners and scholars have justifiably dedicated attention to the recent report of the Australian Defence Force (ADF) Inspector General into allegations of violations of the law of...
Is the Lieber Code Humanitarian?

Is the Lieber Code Humanitarian?

by | Jan 7, 2021 | AoW Posts, History of LOAC, Topics

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...