On first impression, beating the Islamic State fighters to death with shovels sounds like a clear-cut case of stooping to the enemy’s level of barbarity. And yet that is exactly what the senior enlisted adviser to the Chairman of the Joint Chiefs of Staff suggested in a rallying cry to U.S. forces on Jan. 9:
Latest in International Law: LOAC
Transatlantic Workshop on International Law and Armed Conflict: Wounded and Sick, Proportionality, and Armaments
[Editor's note: This piece is the latest installment in a mutli-blog series building on the Fifth Annual Transatlantic Workshop on International Law and Armed Conflict, as explained in detail here.]
Transatlantic Workshop on International Law and Armed Conflict
Wounded and Sick, Proportionality, and Armaments
Editor's note: This piece is the second installment in a mutli-blog series building on the Fifth Annual Transatlantic Workshop on International Law and Armed Conflict, as explained in detail here.
The Fifth Annual Transatlantic Workshop on International Law and Armed Conflict: A Joint Blog Post Series
This past summer, the Strauss Center at UT was proud to co-host the Fifth Annual Transatlantic Workshop on International Law and Armed Conflict, in partnership with the Oxford Institute for Eth
On September 6, the United Nations Human Rights Council (UNHRC) Commission of Inquiry (COI) on Syria issued its latest report in anticipation of the current Human Rights Council session. The COI criticizes the Syrian regime and the so-called Islamic State of Iraq and Syria (ISIS) for their failure to document violations of international law. Additionally, the report offers significant evidence indicating that the Assad regime deliberately used chemical weapons against civilians.
Last week I was among a group of international law scholars and practitioners invited to Israel by the Israeli Defense Forces Military Advocate General for a three-day conference focused on contemporary LOAC issues. The goal was to highlight the complex legal issues that arise in modern armed conflicts, with an emphasis on ground combat operations—what military commanders would call combined arms maneuver—against quasi-conventional and highly capable enemies. To this end, our hosts devoted an entire day of the conference to a “field trip” to Israel’s northern border.
In her recent blog discussing the relevance of the Kosovo precedent in the context of the United States missile strike in Syria, Professor Ashley Deeks noted that “such an intervention, even if narrowly tailored, is very difficult to defend as consistent with international law.
Can the acts of armed forces in the framework of an armed conflict governed by International Humanitarian Law constitute terrorist acts? According to a new judgment of the Grand Chamber of the Court of Justice of the European Union (CJEU) the answer is yes, at least for the purposes of the EU counterterrorism sanctions regime.
We just entered the second year of a purported “era of persistent conflict” forecasted to extend to 2028. In that context, does it really matter if we can tell that a particular war has definitively concluded? Who gets to decide, and who should decide, how to calibrate a legal test to authoritatively determine the end of armed conflict?
For seventy-three days last summer, the so-called Islamic State of Iraq and Syria (ISIS) and a Kurdish/Arab militia known as the “Syrian Democratic Force” (SDF) fought over Manbij, Syria. The fierce urban battle left thousands of fighters dead and caused significant damage to Manbij, a city with a population of nearly 100,000.