Use of Force

[Craig Martin is a Professor of Law and the Co-Director of the International and Comparative Law Center at Washburn University School of Law.] Questions regarding the meaning, importance, and operation of “lawfare” were recently discussed at a great conference on Legal Resilience in an Era of Hybrid Threats at the University of Exeter. Several speakers explained how lawfare is being used by adversaries...

[Gloria Gaggioli is a Swiss National Science Foundation (SNSF) Professor at the Law Faculty of the University of Geneva as well as Lecturer at the Geneva Academy of International Humanitarian Law and Human Rights and at the University of Neuchâtel (Switzerland). She is specialized in international humanitarian law and human rights law. Prior to joining the University of Geneva, she served as Legal Adviser in...

[Aurel Sari is a Senior Lecturer in Law at the University of Exeter and the Director of the Exeter Centre for International Law. This post was written in a personal capacity. This post is part of our week-long symposium on soldier self-defense and international law.] The notion that military personnel are entitled to use force in their own defence is widely accepted. However, beyond...

[Adil Ahmad Haque is Professor of Law and Judge Jon O. Newman Scholar at Rutgers Law School. This post is part of our week-long symposium on soldier self-defense and international law.] Suppose that a soldier from State A intentionally kills a civilian in State B. Maybe State A is fighting an international armed conflict against State B. Maybe State A is fighting a non-international armed...

Erica Gaston is an international lawyer with the Global Public Policy institute (GPPi) and a non-resident fellow at the New America Foundation. She has been working in Afghanistan, Iraq, and other conflict or post-conflict zones on the application of laws of war, human rights and other related issues since 2006. This post is part of our week-long symposium on soldier self-defense...

[Bruce ‘Ossie’ Oswald is Professor at the Melbourne Law School and Director of the Asia Pacific Centre for Military Law.This post is part of our week-long symposium on soldier self-defense and international law.] What follows is an outline of how the use of force in self-defence as a doctrine has evolved in UN peacekeeping operations. I focus on how the use of force...

[Camilla G. Cooper (Ph.D.) is an Associate Professor of Operational Law at the Norwegian Defence University College. Sigrid Redse Johansen is a Judge Advocate General of the Norwegian Armed Forces. Please note that the following was written in the authors' personal capacity and is not to be considered as an official Norwegian reply to the questions posed. This post is...

[Hans Boddens Hosang is Deputy Director of Legal Affairs of the Netherlands Ministry of Defence and Senior External Researcher at the Law of Armed Conflict and Military Operations (LACMO) Research Group, Amsterdam Center for International Law at the University of Amsterdam. Terry Gill is Professor of Military Law at the University of Amsterdam & the Netherlands Defence Academy and is...

[Elvina Pothelet is a Ph.D. candidate at the University of Geneva, and a teaching assistant and researcher at the Geneva Academy of International Humanitarian Law and Human Rights.] It is tempting to think of soldier self-defense as a black hole in the galaxy of international law: in the same way as black holes grow continuously by absorbing mass from their surroundings, soldier self-defense seems...

[Nikhil Purohit is a law student at the National Law School of India University in Bangalore, India and the Chief Editor of the Indian Journal of Law and Technology.] India recently tested an Anti-satellite (ASAT) missile by shooting down one of its own satellites. In public announcements, this move was touted as necessary in boosting the defence of space assets of the country. With...

In a recent post at EJIL: Talk! on the India/Pakistan crisis, Mary Ellen O'Connell references a book chapter in which she suggests that Israel's 1976 raid on Entebbe was the first situation in which a state invoked the "unwilling or unable" doctrine as a jus ad bellum justification for self-defense: Christian Tams, Dire Tladi, and I will soon publish, Self-Defence Against Non-State...