The DOD airstrike that may have killed Taliban leader Mullah Mansour is interesting, from a legal perspective, at many levels. From an international law perspective, as Marty Lederman explains here, it looks to be another example of action under color of the much-discussed unwilling/unable principle (unless of course there was conse
Latest in International Law: LOAC
To assess the legality of U.S. targeting, it is crucial to know where the PPG does and does not apply. Yet to date, as commentators have noted, no clear definition has been given for the term that provides the key to this issue.
US Central Command's report on the attack on a hospital at Kunduz demonstrates a tragedy of egregious errors, but it does not reveal a case for war crimes.
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).
State Department Legal Adviser Brian Egan's ASIL speech is materially different from the broad, unilateralist brush of the Bush doctrine of pre-emption and its associated policies of the non-application of the jus in bello and the global war on terror.
The final stage of the Obama administration’s normalization of once-controversial Bush-era doctrines related to war.
ETF operations across the Iraq-Syria border reignite questions about the legality of U.S. intervention in Syria under international law, and the US misses an opportunity to shape norms on the use of force against non-state actors by failing to offer a detailed international law argument.
Within the U.S. military, the Chairman of the Joint Chiefs of Staff has issued an instruction (CJCSI 3121.01B) regarding “Standing Rules of Engagement”. The focus of this instruction is contained in the following paragraph titled “Inherent Right of Self-Defense.”
The dynamic nature of armed conflict complicates issues relating to civilian casualties, in particular with regards to the use of high explosives (HE) in urban areas.
Interesting corrective responses to my post earlier this week on different types of proportionality and Israel's 2014 Operation Protective Edge in Gaza.