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...
Reciprocity Without Retaliation: Rethinking Fairness in the Laws of War

Reciprocity Without Retaliation: Rethinking Fairness in the Laws of War

Reciprocity Without Retaliation: Rethinking Fairness in the Laws of War Editors’ note: This post is the second in a series relating to the author’s book, The Persistence of Reciprocity in International Humanitarian Law, published by Cambridge University Press. The...
International Humanitarian Law as Jus Cogens

International Humanitarian Law as Jus Cogens

International Humanitarian Law as Jus Cogens International peremptory norms have received a variety of definitions and constructions. The definition relevant to the law of treaties states: a peremptory norm is such if it cannot be derogated from by a special legal...
Prisoner of War Repatriation and Interpretive Choice – Part I: The Legal Framework and Reciprocity

Prisoner of War Repatriation and Interpretive Choice – Part I: The Legal Framework and Reciprocity

Prisoner of War Repatriation and Interpretive Choice – Part I: The Legal Framework and Reciprocity Prisoner of war repatriations have long been thorny, contentious post-war affairs. Disputes over their timing, scope, and implementation have routinely threatened...
Belligerent Reprisals Series – Concluding Thoughts

Belligerent Reprisals Series – Concluding Thoughts

Belligerent Reprisals Series – Concluding Thoughts The posts by Stuart Casey-Maslen and Veronika Bílková (in addition to previous ones written on the topic by Michael Schmitt and Lindsay Moir) have shed light on several aspects associated with belligerent reprisals,...