The Moral Disorder of Jus ad Bellum and Jus in Bello Purity

The Moral Disorder of Jus ad Bellum and Jus in Bello Purity

The Moral Disorder of Jus ad Bellum and Jus in Bello Purity In my last post, I argued why the law of armed conflict (LOAC) does not require the absolute separation of jus in bello and jus ad bellum. I also identified how leading thinkers throughout history understood...
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 Rousseau-Portalis Doctrine: French Legal Thought and the Law of War – Part II

The Rousseau-Portalis Doctrine: French Legal Thought and the Law of War – Part II

The Rousseau-Portalis Doctrine: French Legal Thought and the Law of War – Part II Editors’ note: This is the second in a two-part post illustrating the impact of French legal thought on the formation of the law of war with a specific focus on the...