Recent Posts

At least three things trouble me about Adil Haque’s recent post over at Just Security about how to determine when armed violence crosses the threshold from ordinary criminality or the like to non-international armed conflict (NIAC), such that the law of armed conflict applies. As Adil rightly notes, much rides on the question. On one hand, recognition of a NIAC imposes on all parties to the conflict an obligation to comply with, at a minimum, the humanitarian provisions of Common Article 3 to the Geneva Conventions (prohibiting torture, cruelty, and much else). On the other hand, under the law of armed conflict (LOAC), a state party can use force anytime and against any member of an opposing force. In armed conflict, and in no other circumstance, killing is lawful as a first resort. For this reason, among others, Adil’s suggestion that we should lower the threshold for recognizing the existence of a NIAC, i.e. apply the law of armed conflict even for nominal levels of violence involving non-state actors, merits careful attention. So here are some initial concerns…

The National University of Ireland Galway seeks to appoint a Professor of Human Rights Law and Director of the Irish Centre for Human Rights, within the School of Law. The Irish Centre for Human Rights has developed a global reputation for excellence in the field of human rights teaching, research and advocacy, which has enabled it to attract high quality students...

A few years back, I was lucky enough to be invited by research scientists at MIT's Computer Science and Artificial Intelligence Lab -- especially the late Roger Hurwitz -- to participate in a Minerva Grant project studying norms and governance in cyberspace.  In the interim, norms have become one of the hot topics in cybersecurity discussions in international fora. Together with Martha...

Last year, I criticised ASIL for limiting its very prestigious Lieber Prize to academics under 35. I described that limit as "ageist," noting that in today's academic world there are many law professors over 35 who, because they joined academia late, should rightfully be considered junior scholars. So I am delighted to note that ASIL has changed the eligibility criteria...

I know pointing out stupid things Donald Trump says is a fool's errand -- pretty much everything Donald Trump says is stupid. (Note to non-hack conservative friends: I genuinely feel sorry for you.) But I'm struck by how little attention pundits have paid to this gem: I think that once the nuclear alternative happens, it's over. At the same time, we have...

[William S. Dodge is the Martin Luther King, Jr. Professor of Law at the UC Davis School of Law, where he specializes in international law, international transactions, and international dispute resolution.] American law has many doctrines based on international comity—doctrines that help mediate the relationship between the U.S. legal system and those of other nations. The Second Circuit’s decision last week...

As we face the first U.S. presidential debate tonight (on my home campus of Hofstra University!),  the possibility of a President Trump seems more and more real.  Although U.S. election analysts all make Hillary Clinton the favorite, most of them continue to give Trump a very realistic chance of winning on November 8.  I am not a Trump supporter, but I think...

Here’s your weekly selection of international law and international relations headlines from around the world: Africa The purported leader of Nigerian Islamist militant group Boko Haram Abubakar Shekau appeared in a video posted on social media on Sunday in which he rejected statements by the country's military that he had been seriously wounded. The United Nations, the African Union and the...