Rules Governing Property Destruction Outside of the Attack and Occupation Contexts

Rules Governing Property Destruction Outside of the Attack and Occupation Contexts

| May 31, 2024

Rules Governing Property Destruction Outside of the Attack and Occupation Contexts The rules governing property destruction occurring outside of attack operations and the occupation phase of military operations are contained in Article 23(g) of the Hague Regulations...
Israel – Hamas 2024 Symposium – Civilian Protection as an Element of Military Advantage in Determining Proportionality

Israel – Hamas 2024 Symposium – Civilian Protection as an Element of Military Advantage in Determining Proportionality

| Apr 2, 2024

Israel – Hamas 2024 Symposium – Civilian Protection as an Element of Military Advantage in Determining Proportionality In a prior post, I raised the issue of whether the protection of Israeli civilians may be treated as a military advantage in determining the...
Application of the Principle of Military Advantage in Determining Proportionality

Application of the Principle of Military Advantage in Determining Proportionality

| Jan 23, 2024

Application of the Principle of Military Advantage in Determining Proportionality This post examines the concept of “concrete and direct military advantage” used for purposes of applying proportionality rules in targeting. It concludes that military...
Israel – Hamas 2023 Symposium – Applicability of Article 23 of the Fourth Geneva Convention to Gaza

Israel – Hamas 2023 Symposium – Applicability of Article 23 of the Fourth Geneva Convention to Gaza

| Dec 13, 2023

Israel – Hamas 2023 Symposium – Applicability of Article 23 of the Fourth Geneva Convention to Gaza This post examines the scope of Israel’s obligation to permit free passage of relief consignments for the benefit of the civilian population located in Gaza. It...
Israel – Hamas 2023 Symposium – Distinction and Humanitarian Aid in the Gaza Conflict

Israel – Hamas 2023 Symposium – Distinction and Humanitarian Aid in the Gaza Conflict

| Nov 13, 2023

Israel – Hamas 2023 Symposium – Distinction and Humanitarian Aid in the Gaza Conflict It is axiomatic that commanders are required to discriminate between civilians and combatants when attacking enemy positions. However, the difficulty in discriminating between...