If initial reports are confirmed, this month may go down as one of the gravest in recent memory for hospitals in war.
A new report evaluates international humanitarian law protections for wartime medical assistance concerning terrorists. It shows how IHL lays down extensive protections for medical care, which should constrain some domestic criminal proceedings. It also exposes gaps and weaknesses in the protections afforded by IHL itself.
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.
Marty Lederman has a thoughtful response over at Just Security to my post from yesterday.
Earlier this year, I published an article called "Folk International Law," in which I argued that there were many unappreciated and little understood costs to the convergence of LOAC and international human rights law.