Law of Armed Conflict

Latest in Law of Armed Conflict

Israel-Palestine

Israel’s Military Advocate General Terminates ‘Black Friday’ and Other Investigations: Initial Observations

Since 2014, the IDF has been conducting investigations into incidents that took place in Gaza during Operation Protective Edge (July-August 2014) and raised concerns about Israeli Defense Forces (IDF) compliance with Israeli law and international law of armed conflict. In the course of the investigation, the office of the Military Advocate General (MAG)—Israel’s chief military legal officer—has reviewed some 360 incidents, referring 24 of them for criminal investigation. These have led so far to the conviction of three soldiers for the crime of looting.

Scholarship

Vanderbilt Journal of Transnational Law June Issue Offers Insights into Legal Complexities in Modern Warfare

The Vanderbilt Journal of Transnational Law recently published a special issue on the law of armed conflict (LOAC). The publication is the culmination of a conference that brought together more than 100 practitioners and academics from over 20 countries and institutions. The articles published are authored by experts in the field and offer a unique insight on how high-ranking practitioners and academics approach complex issues.

Israel-Palestine

A Question of Time: Israel’s State Comptroller Finds Flaws in the IDF’s ‘Protective Edge’ Investigations

In July 2014, a deadly series of events began when Hamas operatives kidnapped and murdered three Israeli teenagers in the West Bank. After waves of arrests of Hamas leaders by Israeli security agencies in response and Hamas’s subsequent launching of 40 rockets from Gaza into Israel, the Israel Defense Forces (IDF) began Operation Protective Edge: an air campaign that soon expanded into a limited ground invasion of Gaza primarily aimed at locating and destroying cross-border “terror tunnels”designed by Hamas.

Law of Armed Conflict

The Israel-Iran-Syria Clash and the Law on Use of Force

In the early hours of Saturday morning, an Iranian unmanned aerial vehicle entered Israeli airspace close to the Syrian border. Israel shot down the UAV and responded by attacking the command vehicle, deep inside Syrian territory, that was operating the drone. Syrian anti-aircraft missiles shot down one of the Israeli airplanes that participated in the strike over Israeli territory. In response, Israel bombed a dozen Iranian and Syrian targets in Syria.

detention

Assessing the ACLU Habeas Petition on Behalf of the Unnamed U.S. Citizen Held as an Enemy Combatant in Iraq

The American Civil Liberties Union has filed a John Doe habeas petition on behalf of the still-not-identified American citizen the U.S. military is holding as an enemy combatant in Iraq (for background, see here). The case is Doe v. Mattis, No. 17-cv-02069, and it was filed in federal district court in D.C. Here is my preliminary assessment.

Autonomous Weapon Systems

A Primer on Debates over Law and Ethics of Autonomous Weapon Systems

For Lawfare readers interested in law and regulation of autonomous weapon systems (AWS), we’re pleased to note our new essay, recently posted to SSRN, “Debating Autonomous Weapon Systems, Their Ethics, and Their Regulation Under International Law.” It appears as a chapter in a just-published volume, The Oxford Handbook of Law, Regulation, and Technology, edited by Rog

Events

The 19th Annual Grotius Lecture at the ASIL Annual Meeting: Civil War Time from Grotius to the Global War on Terror

Next week is the annual meeting of the American Society of International Law in Washington DC. For nearly 20 years, the meeting has begun with the distinguished Grotius Lecture, which takes place on the opening night of the conference. The Grotius Lecture is co-sponsored by ASIL and (I’m pleased to add) my law school, Washington College of Law.

Omphalos

A Critical Analysis of the Report of the UN Human Rights Council Commission of Inquiry into the 2014 Gaza Conflict

Despite the many tumultuous events that have transpired in both the Middle East and the rest of the world since 2014, the conflict that erupted during that summer between Israel and Palestinian armed groups, particularly fighting involving Hamas in Gaza, continues to have importance with respect to the politics of the region, as well as the law and policy in the conduct of armed operations by all sides.

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