Of Open and Closed Systems – War Caught in Lotus and Anti-Lotus

Of Open and Closed Systems – War Caught in Lotus and Anti-Lotus

Of Open and Closed Systems – War Caught in Lotus and Anti-Lotus Within every system of law there are open legal sub-systems that offer residual freedom to act and closed sub-systems where residual prohibitions prevail. In the first, the maxim is that what is not...
The Double Qualification of a Single Act of Belligerence

The Double Qualification of a Single Act of Belligerence

The Double Qualification of a Single Act of Belligerence In the complex web of armed conflict classification, a problem has emerged in recent years linked to transnational armed conflicts that are breaking out and spilling into our troubled world. What is a...
In Honor of Françoise Hampson – Parsing Proportionality

In Honor of Françoise Hampson – Parsing Proportionality

In Honor of Françoise Hampson – Parsing Proportionality Editors’ note: This post is part of a series to honor Françoise Hampson, who passed away on April 18, 2025. These posts recognize Professor Hampson’s work and the significant contribution her scholarship...
The Ban on Force or the System: What’s Really Dying?

The Ban on Force or the System: What’s Really Dying?

The Ban on Force or the System: What’s Really Dying? In the past year, a growing chorus of voices has warned that the international “rule-based” order—along with the prohibition on the use of force—is unraveling, with the United States poised to withdraw from the very...
Exceptions to the Separation Between the Jus ad Bellum and Jus in Bello

Exceptions to the Separation Between the Jus ad Bellum and Jus in Bello

Exceptions to the Separation Between the Jus ad Bellum and Jus in Bello According to canonic learning and overwhelming practice, the rules of the jus ad bellum and those of the jus in bello are separated in the sense that the application of each depends on its own...