jus ad bellum

Latest in jus ad bellum

India/Pakistan

India’s February 2019 Strike in Pakistani Territory: A Jus ad Bellum Analysis

India’s statement raises questions of whether a state has a right to self-defense against a nonstate actor when the latter’s conduct has not been attributed to another state, what qualifies as an “imminent” armed attack, and whether India is endorsing the unable-or-unwilling test.

Somalia

Defending Broadened U.S. Strikes Against al Shabaab?

A few days ago, Paul McCleary at Foreign Policy reported on U.S. airstrikes against al Shabaab, undertaken in defense of AMISOM forces.  McCleary asked, “Is there a new U.S. airstrike policy in East Africa?”  My question is, “Is there a new legal theory supporting U.S. airstrikes against al Shabaab?”  The most likely of possible answers: The United States could be acting on behalf of the Somali government, assisting it in its non-international armed conflict with al Shabaab.

Subscribe to Lawfare

EmailRSSKindle