Use of Force

[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...

My friend Craig Martin has started a new international-law podcast entitled "JIB/JAB: The Law of War Podcast." Here is his description: This is a podcast about the various legal regimes that govern the use of force and armed conflict – primarily the jus ad bellum regime, which governs when states may lawfully resort to force, and the jus in bello regime (also known as international...

[John B. Quigley is Emeritus Professor of Law at Moritz College of Law, The Ohio State University.] The annexation, now under consideration by Israel, of land in occupied Palestine is aimed, in part, at bringing many of Israel’s settlements into the territory of Israel. Annexation, however, may bring the unintended consequence of the loss of those very settlements. Much of the land on which the...

[Srinivas Burra is an Assistant Professor in the Faculty of Legal Studies at South Asian University, New Delhi; Haris Jamil is an Assistant Professor in the Faculty of Law at University of Delhi, New Delhi.] On 15 June 2020, there was a violent face-off in the Galwan valley, in the western sector of the China-India border. Soldiers from China and India scuffled at the border, which led to...

Luca Ferro is a post-doctoral researcher at the Ghent Rolin-Jaequemyns International Law Institute (GRILI). He wrote his doctoral dissertation on International ‘Intervention’ in Theory and in Practice, assessing the legality of third-State involvement in the internal and external affairs of other States. Prematurely calling time of death on ‘negative equality’? On 5 and 6 December 2019, the Journal on the Use of Force and International Law (JUFIL) and the...

[Dr. Michael Kearney is a legal researcher with Al-Haq.] A March 2020 Amicus Brief submitted by Palestinian human rights organisations, including Al-Haq, to the Pre-Trial Chamber of the International Criminal Court suggested that the Court’s territorial jurisdiction extends to Palestine’s Exclusive Economic Zone. The Exclusive Economic Zone (EEZ), a jurisdictional space derived from the UN Convention on the Law of the Sea, was proclaimed by Palestine in September 2019....

[Dr. Tamás Hoffmann is a Senior Research Fellow at the Centre for Social Sciences Institute for Legal Studies and an Associate Professor at Corvinus University of Budapest.] Since the adoption of the Genocide Convention by the United Nations General Assembly on 9 December 1948, the crime of genocide has been universally regarded as the ”crime of crimes” in international criminal law. Article II of...

[Jennifer Trahan is Clinical Professor, NYU Center for Global Affairs and Megan Fairlie is Professor of Law, Florida International University College of Law.] On June 11, Donald Trump issued an Executive Order that exponentially intensifies the United States’ ongoing attack on the International Criminal Court (ICC) and its staff.  Disturbingly, the Order also targets foreign nationals and, seemingly, US nationals.  Regrettably (although predictably), the US is again using...

[Radhika Kapoor is a Harvard Kaufman Fellow at the Public International Law and Policy Group, Washington, D.C.]. The notion of belligerent occupation is of fundamental importance to international humanitarian law in its role as a threshold requirement for relevant provisions of the Geneva Conventions of 1949, which contain the standards for humanitarian treatment during conflict. Traditionally, a territory was considered ‘occupied’ when a foreign power...

[Tamsin Phillipa Paige is a Lecturer with Deakin Law School and consults for the UN Office on Drugs and Crime in relation to Maritime Crime.]  In 2018 I had the privilege of interviewing Seanan McGuire (in her Mira Grant persona) as part of my research project on understanding social perceptions and impacts of issues of law and justice through popular literature. We discussed her bestselling Newsflesh...