Terrorist Offences and IHL: The Armed Conflict Exclusion Clause

Terrorist Offences and IHL: The Armed Conflict Exclusion Clause

Terrorist Offences and IHL: The Armed Conflict Exclusion Clause In our current article in the International Review of the Red Cross, we discuss the so-called “armed conflict exclusion clause” (also known as an “international humanitarian law (IHL) exclusion clause” or...
Reflections on the Law of Occupation: Afghanistan and Iraq

Reflections on the Law of Occupation: Afghanistan and Iraq

Reflections on the Law of Occupation: Afghanistan and Iraq ​A recent  New York Times article discussed, in part, the occupations of Iraq and Afghanistan, raising important, yet underexplored, questions about occupations under the law of armed conflict (LOAC). The...
Non-Binding Norms in the Law of Armed Conflict

Non-Binding Norms in the Law of Armed Conflict

Non-Binding Norms in the Law of Armed Conflict In the aftermath of the U.S. invasion of Afghanistan, Bush administration appointees criticized the Geneva Conventions as being, among other things, obsolete and out of date. Indeed, one of the consistent criticisms of...
Symposium Intro: Hays Parks’s Influence on the Law of War

Symposium Intro: Hays Parks’s Influence on the Law of War

Symposium Intro: Hays Parks’s Influence on the Law of War Most developments and codifications of the law of war have been responses to the evolving character of warfare. Indeed, a timeline of law of war treaties reads like a chronicle of changes in the tactics,...
The Rhetoric of Retaliation

The Rhetoric of Retaliation

The Rhetoric of Retaliation The language we use to justify and describe legal constraints on personal conduct or grants of legal authority to our government is never totally free of bias, ambiguity, flawed premises, or unproveable assumptions. How we fix, manipulate,...