International Law: LOAC: Field of Application

Latest in International Law: LOAC: Field of Application

International Law: LOAC

Department of Defense Releases Law of War Manual

The U.S. Department of Defense's Office of the General Counsel has released its long-awaited Law of War Manual. The greatly anticipated tome is the product of a multi-year effort by military and civilian lawyers to create the first ever, department-wide resource on the principles of international law that govern armed conflict.

Targeted Killing

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

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 “

Politics & National Security

A Bit More On the Debate About the Extraterritorial Scope of the Torture Convention’s Provisions on Cruelty

In his piece on Nobel Peace Prize Laureates pressuring the President to disclose information about torture, Charlie Savage explains why some officials in the administration oppose the broad extraterritorial expansion of Article 16 of the CAT:

The officials opposed to accepting the cruelty provision as applying abroad insist they do not want to resume abusive interrogations, which are barred by the 2005 statute anyway, but worry that accepting the treaty provisio

International Law

The Convention Against Torture: Extraterritorial Application and Application to Military Operations

Belatedly, I want to join the discussion about the extraterritorial application of the Convention Against Torture (CAT), about which Jack commented on Friday, drawing on an article by Charlie Savage earlier in the week.

International Law: LOAC: Detention

The Debate About the Extraterritorial Scope of the Torture Convention’s Provisions on Cruelty is (Almost Certainly) Not About USG Interrogation Policy

A week ago Charlie Savage reported that the Obama administration “is considering reaffirming the Bush administration’s position that the [Convention Against Torture(CAT)] imposes no legal obligation on the United States to bar cruelty outside its borders.”  The provision of the Torture Convention in question is Article 16, which provides: “Each State Party shall undertake to prevent in any territory under its juri

International Law

Transatlantic Dialogue on Int'l Law and Armed Conflict: Ken Watkin on the IHL/IHRL Interface

The next installment in the series of posts derived from this summer's Transatlantic Dialogue on International Law and Armed Conflict is now live at the ICRC's Intercross blog. It is from Ken Watkin, and it concerns the overlap of IHL and IHRL. A taste:

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