Lieber Institute for Law and Warfare

What is the distinction between the #property #destruction rules established in Hague Article 23(g) and the attack rules in AP I? Jeffrey Lovitky argues that the test for whether the attack rules or Hague Article 23(g) apply depends on which party exercises #control over the property. Read more: https://lnkd.in/dDmTYNaa #ArticlesofWar

Recent years have seen increased attention to the issue of #civilian #harm caused by military operations. Dan Stigall posits that the major conceptual frameworks for #civilianharm #mitigation are best understood as a holarchy. His post elucidates the concepts of #HumanSecurity, Protection of Civilians (#PoC), and Civilian Harm Mitigation and Response (#CHMR), situating each as an element (or “holon”) of the greater harm mitigation holarchy. Read more: https://lnkd.in/db6RxrUA #ArticlesofWar Beyond Compliance Consortium

When discussing #UN #peacekeeping, issues of international law and politics are intertwined and at times become inseparable. The issue of #consent has arisen recently with #Israel asking for the relocation of personnel associated with the UN Interim Force in #Lebanon (#UNIFIL). Tamer Morris asks whether UNIFIL can hold its position without the consent of Israel? Is State consent a legal or political consideration? Or is it both? Read more: https://lnkd.in/dxp5A2SB #ArticlesofWar

The recently published Virginia-Georgetown #Manual on the Law Concerning the Use of Force: Rules and Commentaries on Jus ad Bellum provides a comprehensive restatement of the contemporary #jusadbellum. David E. Graham explains the Manual’s process and discusses key challenges of preparing a jus ad bellum manual. Read more: https://lnkd.in/ddSFGYPp #ArticlesofWar West Point Press #useofforce #force #UNCharter

On or about October 17, 2024, members of the Israel Defense Forces (#IDF) killed #YahyaSinwar, the political leader of #Hamas and a suspected mastermind behind the October 7, 2023 attack. The circumstances surrounding Sinwar’s final moments have ignited a debate about whether he was #horsdecombat, or immune from direct #attack due to his wounds under the law of armed conflict (#LOAC). Caitlin Chiaramonte and W. Casey Biggerstaff seek to clarify when the law of armed conflict prohibits an individual from being made the object of attack due to their wounds. Read more: https://lnkd.in/dn6y4-JR #ArticlesofWar

#Cyber operations are thriving in the #greyzone; or rather, they are thriving in a series of grey zones. Melissa K. Griffith argues that #hackers are widening the aperture of what is possible short of #war. At the same time, they find themselves operationally constrained to a series of additional grey zones: some by design; and others born from technical circumstances. Read more: https://lnkd.in/e-gGegrh #ArticlesofWar

Last month, a Japanese naval vessel traveled through the #TaiwanStrait, a first in the history of Japan’s Maritime Self-Defense Force, along with naval vessels from Australia and New Zealand (a first for New Zealand since 2017). Nicholas Kadlec explains the Strait’s status under international law of the #sea, the international community’s #navigationalfreedoms in it, and why States can and should consider exercising more of those freedoms. Read more: https://lnkd.in/ewB5ChUr #ArticlesofWar

The exploitability of the #greyzone is a manifestation of structural problems of #internationallaw, argues Hitoshi Nasu. In his post, he illustrates how these structural flaws of international law affect the law of armed conflict (#LOAC) and its implementation in grey zone conflicts. Read more: https://lnkd.in/dgHZtTfw #ArticlesofWar

#Technology is rapidly advancing to enable #military forces to exploit the #EMS in ways that could not have been possible in the wars of the past. #Electronicwarfare is no longer conceived only as a means to disrupt, deceive, deny, or degrade the adversary’s communications, navigation, and command and control but has the potential to become a weapon of choice. Robert Lawless and Hitoshi Nasu highlight some of the operational and legal issues regarding #electromagnetic #warfare. Read more: https://lnkd.in/eEzzEyKT #ArticlesofWar #electromagneticspectrum

The 2022 #attack on the #NordStream #pipelines raises many #legal questions regarding matters as State #responsibility, the application of the law of armed conflict (#LOAC), the law protecting pipelines, international criminal law and more. William Boothby analyzes the relevant legal issues based on a hypothetical explanation of what took place. Read more: https://lnkd.in/e8DSP_Jk #ArticlesofWar #criminallaw #Stateresponsibility #ICL