International Law: LOAC: Distinction

Latest in International Law: LOAC: Distinction

International Criminal Court (ICC)

Potential Implications of CENTCOM’s MSF Investigation on the ICC’s Preliminary Examination of U.S. Forces in Afghanistan

CENTCOM’s report on the airstrike on a Doctors Without Borders hospital in Kunduz, Afghanistan will surely attract the attention of the International Criminal Court’s (ICC) Office of the Prosecutor (OTP).

The Lawfare Podcast

The Lawfare Podcast: A Band-Aid for a Bomber: Is Medical Assistance to Terrorists Protected Under IHL?

On this week’s Lawfare Podcast, Ben sits down with Professor Gabriella Blum, professor at Harvard Law School, and Dustin Lewis, a senior researcher at Harvard Law Schools’ Program on International Law and Armed Conflict, to discuss their new report written with Naz Modirzadeh entitled Medical Care in Armed Conflict: IHL and State Responses to Terrorism. The conversation takes a look at whether we should consider medical care a form of illegitimate support to terrorists. Their argument?

Israel-Palestine

Human Rights Council Commission of Inquiry Report on Gaza Released

Here it is. Here's the press release that accompanies it:

GENEVA (22 June 2015): The United Nations Independent Commission of Inquiry on the 2014 Gaza conflict has gathered substantial information pointing to the possible commission of war crimes by both Israel and Palestinian armed groups.

Joint Special Operations Command (JSOC)

SEAL Team 6 in the Spotlight: Takeaways from the Times' Article

This weekend the New York Times ran a lengthy piece about SEAL Team 6, with the dramatic subtitle “A Secret History of Quiet Killings and Blurred Lines: The unit best known for killing Osama bin Laden has been converted into a global manhunting machine with limited outside oversight.” With that framing, I anticipated the story might reveal operations involving the use of lethal force against groups or individuals not obviously within the sco

International Law: LOAC

Drone Strike Errors and the Hostage Tragedy: Mapping the Issues in the Newly-Catalyzed Debate?

The use of lethal force (whether via armed drone, manned aircraft, cruise missile, helicopter assault, etc.) has been a cornerstone of U.S. counterterrorism policy for many years, both in places where we have ground combat deployments and places where we do not. Throughout this period, the legality, efficacy, wisdom, and morality of this practice has been the subject of intense scrutiny and debate. Nonetheless, the kinetic option has proven remarkably durable over time (especially as compared to its sibling, the use of non-criminal detention).

International Law: LOAC

Folk International Law and the Application of LOAC in Counterterrorism Operations

Naz Modirzadeh’s fascinating series of Lawfare posts (here, here, and here) discussing her article, Folk International Law, provides an excellent primer on the potential consequences and confusion that result from amalgamating distinct legal doctrines, regardless of whether such creative tinkering is couched under the rubric of “

International Law: LOAC: Detention

Folk Law and Obama Administration Mythology: Four Stakes

Marty Lederman and I have been engaged in a debate over the past few weeks, and last Monday he wrote a lengthy and thoughtful “Monday Reflection” over at Just Security concerning some of my arguments here at Lawfare and in my article, Folk International Law. I would like to use this post, my last in this exchange, to raise four of the bigger stakes that I think arise out of our discussion.

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