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Full-Text Articles in Law
Cyberspace And The Jus Ad Bellum: The State Of Play, Michael N. Schmitt, Anusha S. Pakkam
Cyberspace And The Jus Ad Bellum: The State Of Play, Michael N. Schmitt, Anusha S. Pakkam
International Law Studies
This article examines how States are interpreting one aspect of the international law governing cyber activities, the jus ad bellum. The article focuses on two issues: (1) the prohibition on the use of force found in Article 2(4) of the UN Charter, and (2) the right of self-defense in Article 51. The critical unsettled question regarding the first issue is the threshold at which a hostile cyber operation can be characterized as a “use of force” subject to the prohibition of Article 2(4). Concerning the second issue, a number of unresolved questions plague the application of the right of …
Targeting A Satellite: Contrasting Considerations Between The Jus Ad Bellum And The Jus In Bello, Hitoshi Nasu
Targeting A Satellite: Contrasting Considerations Between The Jus Ad Bellum And The Jus In Bello, Hitoshi Nasu
International Law Studies
With the development and greater availability of counter-space capabilities, satellites are becoming a prime target of military threats. However, the legal assessment for the targeting of a satellite requires careful analysis because of its impacts on terrestrial activities and the potential to affect the rights and interests of third parties when their payloads are carried by the targeted satellite. With these two unique characteristics in mind, this article unravels the complexity of international legal regimes applicable to military operations conducted against a satellite by contrasting threshold legal considerations necessary for the identification and application of relevant legal requirements under the …
Revisiting Ad Bellum Proportionality: Challenging The Factors Used To Assess It, Yishai Beer
Revisiting Ad Bellum Proportionality: Challenging The Factors Used To Assess It, Yishai Beer
International Law Studies
Traditionally, international law has established a binary distinction between jus ad bellum and jus in bello. The former relates to the right to exercise military force. The latter regulates the conduct of adversaries engaged in an armed conflict. However, the prevailing legal approach doesn't accept this dichotomy. It wants to reduce war's hazards by applying the ad bellum rules, including the proportionality requirement, continuously throughout the conduct of armed conflict. To that end, it has established factors that define the essence of the continuing ad bellum proportionality requirement. This article challenges the near-unanimous consensus regarding these factors. It argues that …
Military Action To Recover Occupied Land: Lawful Self-Defense Or Prohibited Use Of Force? The 2020 Nagorno-Karabakh Conflict Revisited, Tom Ruys, Felipe Rodriguez Silvestre
Military Action To Recover Occupied Land: Lawful Self-Defense Or Prohibited Use Of Force? The 2020 Nagorno-Karabakh Conflict Revisited, Tom Ruys, Felipe Rodriguez Silvestre
International Law Studies
In September 2020, heavy fighting erupted between Armenia and Azerbaijan in and around Nagorno-Karabakh, a region of Azerbaijan long controlled by Armenia. After two months of military confrontations, a tripartite ceasefire was concluded, drastically altering the pre-existing territorial status quo.
The "Second Nagorno-Karabakh War" brings to light a fundamental question for international law on the use of force—and one that has received limited attention in legal doctrine. The question is this: when part of a State’s territory is occupied by another State for an extended period of time, can the former still invoke the right of self-defense to justify …
Israel’S Perspective On Key Legal And Practical Issues Concerning The Application Of International Law To Cyber Operations, Roy Schöndorf
Israel’S Perspective On Key Legal And Practical Issues Concerning The Application Of International Law To Cyber Operations, Roy Schöndorf
International Law Studies
The speech given by the Israeli Deputy Attorney General (International Law) at the Naval War College’s event on “Disruptive Technologies and International Law” sets out, for the first time, Israel’s position on the application of international law to cyber operations. Consistent with the position taken by the vast majority of States thus far, Israel considers that international law applies to such operations. The speech stresses that questions pertaining to the identification and application of relevant legal rules remain, given the profound differences between the cyber domain and traditional domains of warfare—land, sea, and air. Therefore, in Israel’s view, a cautious …
Strategic Proportionality: Limitations On The Use Of Force In Modern Armed Conflicts, Noam Lubell, Amichai Cohen
Strategic Proportionality: Limitations On The Use Of Force In Modern Armed Conflicts, Noam Lubell, Amichai Cohen
International Law Studies
The nature of modern armed conflicts, combined with traditional interpretations of proportionality, poses serious challenges to the jus ad bellum goal of limiting and controlling wars. In between the jus ad bellum focus on decisions to use force, and the international humanitarian law (IHL) regulation of specific attacks, there is a far-reaching space in which the regulatory role of international law is bereft of much needed clarity. Perhaps the most striking example is in relation to overall casualties of war. If the jus ad bellum is understood as applying to the opening moments of the conflict, then it cannot provide …
The Unlawfulness Of A “Bloody Nose Strike” On North Korea, Kevin Jon Heller
The Unlawfulness Of A “Bloody Nose Strike” On North Korea, Kevin Jon Heller
International Law Studies
The United States has reportedly been debating whether to "react to some nuclear or missile test with a targeted strike against a North Korean facility to bloody Pyongyang’s nose and illustrate the high price the regime could pay for its behavior." This article asks a simple question: would such a “bloody nose strike” (BNS) violate the jus ad bellum?
Providing a coherent answer is complicated by the lack of clarity surrounding the United States’ planning. In particular, the U.S. government has not specified what kind of provocation it believes would justify launching a BNS, has not identified precisely what …
Classifying The Conflict In Syria, Terry D. Gill
Classifying The Conflict In Syria, Terry D. Gill
International Law Studies
This article examines the classification of the current armed conflict in Syria under international humanitarian law. The article first sets out the factual background identifying the principal parties and their alignments and motivations. It then proceeds to examine the question of classification of conflict under international humanitarian law and discusses the contentious issue of the effect of lack of consent by the government of a State in relation to foreign intervention in an ongoing non-international armed conflict when such intervention is directed against one or more armed groups operating from within that State’s territory. It then proceeds to apply these …
Syria: Can International Law Cope? Workshop Report, Christopher M. Ford
Syria: Can International Law Cope? Workshop Report, Christopher M. Ford
International Law Studies
The Stockton Center for the Study of International Law at the U.S. Naval War College and the Center for the Rule of Law at the U.S. Military Academy convened a three-day workshop in November 2015. The workshop sought to examine the question posed by its title: Can International Law Cope with the Situation in Syria? It is a question that has ramifications for the viability of international law well beyond the confines of events in Syria. This report surveys the key issues that were raised during the workshop and serves as an introduction to the articles that follow in this …
Japan’S 2015 Security Legislation: Challenges To Its Implementation Under International Law, Hitoshi Nasu
Japan’S 2015 Security Legislation: Challenges To Its Implementation Under International Law, Hitoshi Nasu
International Law Studies
Japan’s new security legislation, enacted on September 30, 2015 amid fierce debate over its constitutionality, is designed to enable a “seamless response” to any security situation that may arise. While public debate has been fixated on the re-interpretation of Article 9 of the Japanese Constitution, which underpins the theoretical foundation of this new legislation, there are also important international law issues that need to be addressed. After briefly reviewing the historical background leading to the adoption of the new security legislation and its contents, this article examines how the Self-Defense Force (SDF) can respond with the use of force to …
International Law, Legal Diplomacy, And The Counter-Isil Campaign: Some Observations, Brian Egan
International Law, Legal Diplomacy, And The Counter-Isil Campaign: Some Observations, Brian Egan
International Law Studies
Speech as prepared for delivery by Brian Egan, Legal Adviser, U.S. Department of State; 110th Annual Meeting of the American Society of International Law Washington, DC, April 1, 2016
Russia’S Annexation Of Crimea: The Mills Of International Law Grind Slowly But They Do Grind, Robin Geiss
Russia’S Annexation Of Crimea: The Mills Of International Law Grind Slowly But They Do Grind, Robin Geiss
International Law Studies
In her speech at the Munich Security Conference in February 2015, Chancellor Angela Merkel unwaveringly said: “Europe’s borders are and will remain unalterable.” At the same time, however, most observers agree that Crimea will remain de facto under Russian control. Against this backdrop the article assesses the contemporary and possible future legal status of Crimea. Particular attention is given to the inseparability of the link between Russia’s unlawful use of force and the purported territorial status alteration of Crimea, the concept of remedial secession and Crimea’s current status as an occupied territory.
Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi
Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi
International Law Studies
This article assesses the implications of the current Syria situation for the international law on the use of defensive force against non-State actors. The law in this area is highly unsettled, with multiple legal positions in play. After mapping the legal terrain, the article shows that the Syria situation accentuates three preexisting trends. First, the claim that international law absolutely prohibits the use of defensive force against non-State actors is increasingly difficult to sustain. States, on the whole, have supported the operation against the so-called Islamic State in Syria. Second, States still have not coalesced around a legal standard on …
Beyond Hague Viii: Other Legal Limits On Naval Mine Warfare, David Letts
Beyond Hague Viii: Other Legal Limits On Naval Mine Warfare, David Letts
International Law Studies
Legal texts and scholarly articles that deal with the topic of naval mine warfare typically do so by reference to Hague Convention VIII of 1907 and customary international law. Little comment, if any, is usually made in relation to the variety of other legal regimes that might impact upon the use of naval mines in armed conflict. This article seeks to redress that imbalance by examining, with a focus on the jus in bello, a range of legal considerations arising from more contemporary sources that affect the use of naval mines in international armed conflict.
Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt
Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt
International Law Studies
This article examines the geographical reach of international humanitarian law (law of armed conflict), particularly during armed conflicts between States and non-State organized armed groups. The issue is operationally critical, since to the extent that IHL applies, practices which are lawful during armed conflicts, such as status-based targeting, may be employed. When IHL does not apply, human rights obligations shouldered by the State govern the conduct of its military operations. The article surveys the various approaches to the the legal geography of non-international armed conflict, arguing that an interpretation by which IHL is not geographically restricted is the most supportable.
The Geography Of Cyber Conflict: Through A Glass Darkly, Ashley Deeks
The Geography Of Cyber Conflict: Through A Glass Darkly, Ashley Deeks
International Law Studies
No abstract provided.
The Syrian Intervention: Assessing The Possible International Law Justifications, Michael Schmitt
The Syrian Intervention: Assessing The Possible International Law Justifications, Michael Schmitt
International Law Studies
No abstract provided.
The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
International Law Studies
No abstract provided.
Full Volume 86: The War In Iraq: A Legal Analysis (2010)
Full Volume 86: The War In Iraq: A Legal Analysis (2010)
International Law Studies
No abstract provided.
Preemption By Armed Force Of Trans-Boundry Terrorist Threats: The Russian Perspective, Bakhtiyar R. Tuzmukhamedov
Preemption By Armed Force Of Trans-Boundry Terrorist Threats: The Russian Perspective, Bakhtiyar R. Tuzmukhamedov
International Law Studies
No abstract provided.
Iraq's Transformation And International Law, Ruth Wedgwood
Iraq's Transformation And International Law, Ruth Wedgwood
International Law Studies
No abstract provided.
International Law And The 2003 Campaign Against Iraq, Nicholas Rostow
International Law And The 2003 Campaign Against Iraq, Nicholas Rostow
International Law Studies
No abstract provided.
Air Power, Accuracy, And The Law Of Targeting: Why No Brave New World, Adam Roberts
Air Power, Accuracy, And The Law Of Targeting: Why No Brave New World, Adam Roberts
International Law Studies
No abstract provided.
Full Volume 79: International Law And The War On Terror
Full Volume 79: International Law And The War On Terror
International Law Studies
No abstract provided.
Terrorism And The Use Of Force In International Law, Michael Schmitt
Terrorism And The Use Of Force In International Law, Michael Schmitt
International Law Studies
No abstract provided.
Chapter Iii: State Practice During Thepre-United Nations Period
Chapter Iii: State Practice During Thepre-United Nations Period
International Law Studies
No abstract provided.
Full Volume 77: Lillich On The Forcible Protection Of Nationals Abroad
Full Volume 77: Lillich On The Forcible Protection Of Nationals Abroad
International Law Studies
No abstract provided.
Chapter Iv: Contemporary Case Studies Of United Statesforcible Protection Of Nationals Abroad
Chapter Iv: Contemporary Case Studies Of United Statesforcible Protection Of Nationals Abroad
International Law Studies
No abstract provided.