International Humanitarian Law

[Colleen Murphy is the Roger and Stephany Joslin Professor of Law and Professor of Philosophy and Political Science at the University of Illinois at Urbana-Champaign.] Ruti Teitel’s 2000 book, Transitional Justice,was and remains agenda-setting for scholars working in normative theory.  In this post I explain why and some of the ongoing debates whose origin can be traced to her work. Normative theories of justice specify what...

[Ruti Teitel is the Ernst C. Stiefel Professor of Comparative Law, New York Law School; and a Visiting Fellow, London School of Economics and the author of Transitional Justice (OUP, 2000).] As one enters the main building of Humboldt University in Berlin, one finds a famed quotation from Karl Marx, which has survived the post-Communist transition: “The philosophers have only interpreted...

[Brian McGarry is Assistant Professor of Public International Law at Leiden University.] On 2 September, Canada and the Netherlands issued a Joint Statement indicating their intention to intervene in the ongoing ICJ proceedings instituted by The Gambia against Myanmar. The Joint Statement is ambiguous in regards to certain details which are key to understanding the intervention’s likelihood of success. While it remains to be seen whether...

[Jelena Aparac is lecturer and legal advisor in international law with a focus on Business and Human Rights in Armed Conflicts. Dr. Aparac is also an expert member of the UN Working Group on the Use of Mercenaries.] The Open-ended Intergovernmental Working Group on Transnational Corporations and Other Businesses with Respect to Human Rights (“IGWG”) was mandated by the Human Rights Council (res 26/9) to...

[Andrea Farrés is a young international lawyer specialized in IHL, international security and human rights issues.]  With the fog of war getting thicker and thicker, commanders and politicians are naturally inclined to search for tools to get guidance on how they can better comply with the international humanitarian law (IHL) targeting principles, specifically the principle of distinction. To distinguish a civilian from a combatant, or a person who is taking...

[Mona Ali Khalil is the Director of MAK LAW INTERNATIONAL; an Affiliate of the Harvard Law School Program on International Law and Armed Conflict; and a former Senior Legal Officer of the United Nations. She holds a B.A. and M.A. in international relations from Harvard University as well as a M.S. in Foreign Service and a Juris Doctorate from Georgetown...

[Craig Martin is a Professor at the Washburn University School of Law. He specializes in legal constraints on the use of force and armed conflict, in both public international law and comparative constitutional law. He can be reached at: craigxmartin@gmail.com] In Part I of this essay I explained that as the consequences of the climate change crisis worsen, states will increasingly...

[Craig Martin is a Professor at the Washburn University School of Law. He specializes in legal constraints on the use of force and armed conflict, in both public international law and comparative constitutional law. He can be reached at: craigxmartin@gmail.com] In this year of cascading crises, the climate change crisis is slipping off the radar. Not only that, but the Coronavirus pandemic and...

[David J. Scheffer is Visiting Senior Fellow of the Council on Foreign Relations and Tom A. Bernstein Genocide Prevention Fellow, U.S. Holocaust Memorial Museum, and was the first U.S. Ambassador at Large for War Crimes Issues (1997-2001). The author’s observations and views in this article are solely his own and do not reflect any institutional position.] How will the survival and legacies of tens of millions...

Our friends at West Point have just launched an ambitious new blog, Articles of War.  The "Authors" page lists seven contributors, all of whom are well-known in IHL, military law, and cognate-discipline circles: Col. Joshua F. Berry, Prof. Geoff Corn, Prof. Ashley Deeks, Lt. Gen. Charles N. Pede, Col. Shane Reeves, Prof. Michael N. Schmitt, and Prof. Sean Watts. The...

[Dapo Akande, Antonio Coco, Talita de Souza Dias, Duncan B. Hollis, Harold Hongju Koh, James C. O’Brien and Tsvetelina van Benthem.] The alarming spread of the global COVID-19 pandemic—now infecting nearly 19 million and claiming more than 700,000 lives worldwide—has made it increasingly urgent to define international law protections for the health care sector against malicious cyber operations. In May 2020, malicious cyberattacks on...