International Humanitarian Law Commons^™

Introduction: A Roadmap To The Naval War With Iran, James Kraska

International Law Studies

No abstract provided.

Chapter 4: Untangling The “Legal Vortex”: Transit, Tolls, And Truce In The Strait Of Hormuz, James Kraska

International Law Studies

No abstract provided.

Chapter 3: Blockade, Prize, And Targeting: The Revival Of Economic Warfare In Operation Epic Fury, James Kraska

International Law Studies

No abstract provided.

Chapter 2: Boarding The Shadow Fleet: Stateless Vessels In The Law Of The Sea, James Kraska

International Law Studies

No abstract provided.

Chapter 1: Sanctions And The Shadow Fleet: Terrorism Forfeiture And Operation Economic Fury, James Kraska

International Law Studies

No abstract provided.

What’S In A Name? Much Ado About “War-Sustaining” Objects, W. Casey Biggerstaff

International Law Studies

Recent conflicts have renewed the long-running debate over the legality of attacking economic objects under the law of armed conflict. Within that discourse, observers frequently frame the controversy in relation to an abstract U.S. “war-sustaining” position. Critics often characterize the United States as advancing a distinctive and overly permissive interpretation of military objectives that allegedly departs from the targeting criteria set forth in Article 52(2) of Additional Protocol I. This article challenges that characterization. It concludes that the United States does not apply a separate “war-sustaining” lex specialis to economic objects. Rather, U.S. practice reflects a contextual application of Article …

Closing The “Extreme Circumstances” Gap: The Legality Of Nuclear Weapons When The Survival Of A State Is In Question, Christopher J. Hart

International Law Studies

There is a gap at the heart of the law governing the use of nuclear weapons. Repeated threats by Russian leaders to use nuclear weapons against Ukraine highlight the urgency of closing this gap. This article reviews the central holding of the 1996 International Court of Justice advisory opinion on the Legality of the Threat or Use of Nuclear Weapons. The article focuses on the controversial “extreme circumstances” clause, in which the ICJ stated that it could not determine the legality of using nuclear weapons when the survival of a State was in question. This left open the questions …

“I Plead Ignorance”: Autonomous Weapons And Criminal Liability For Not Knowing The Knowable, Jonathan Kwik

International Law Studies

This article argues that the unpredictability and unintuitive behavior of modern artificial intelligence provide more opportunities for users of autonomous weapon systems (AWS) to remain ignorant of risks posed by their systems to protected entities on the battlefield, and that this ignorance can be maintained even in iterative situations featuring a prior civilian casualty event. It demonstrates this theorem through illustrative targeting scenarios, before formalizing the argument through a model showing the evolution of an AWS-user’s mens rea as they receive notice of a prior incident, and choose to pursue—or not pursue—an inquiry. This analysis reveals a perverse incentive structure, …

Modes Of Liability For Ai-Enabled Crimes In International Criminal Law, Antonio Coco

International Law Studies

As artificial intelligence (AI) technologies become increasingly embedded in human activity, the question of individual accountability for AI-enabled international crimes grows more pressing. This article examines how established doctrines of individual criminal responsibility under international criminal law—particularly the modes of liability recognized in the Statute of the International Criminal Court and in the jurisprudence of international criminal tribunals—may be applied to human actors who interact with AI systems in the commission of core international crimes. Through four hypothetical scenarios, the article explores varying forms of human involvement—from programming to deployment—and assesses whether existing modes of liability, such as perpetration, instigation, …

Legal Issues Arising From The Military Use Of Ai-Supported Biometrics, Marten Zwanenburg

International Law Studies

Biometrics is increasingly used by armed forces for a variety of purposes, such as access control, the registration of detainees, and increasingly also targeting. The capabilities of biometric systems are considerably strengthened when they are enabled by artificial intelligence (AI). This article analyzes legal questions that are raised by the military use of such AI-supported biometrics. It argues that relevant legal frameworks are International Humanitarian Law, international human rights law, and the right to privacy in particular, as well as data protection law. The article finds that arguably, IHL may require the use of (AI-supported) biometrics in certain situations if …

Military Ai And The Specter Of The Limitless War, Yuval Shany, Yahli Shereshevsky

International Law Studies

Legal and extra-legal factors related to the development of international humanitarian law (IHL) support the exercise of strategic restraint during armed conflicts. We claim, however, that technological developments in the area of military artificial intelligence (AI) fundamentally do away with many of the technological constraints that limited the capacity of militaries to fully utilize the “license to kill” afforded to them by IHL. Such a violence-enhancing effect can become even more dramatic in cases where other restraining factors are less effective. The upshot of our analysis is that the implicit assumption that IHL would be applied in a context of …

Artificial Intelligence And The “Armed Attack” Threshold In International Law, Katie A. Johnston

International Law Studies

This article argues that the deployment of artificial intelligence, even in its strong fully autonomous form, does not have significant consequences for the application of the jus ad bellum framework, and in particular the armed attack threshold. As with all new weapons technologies, the deployment of artificial intelligence in the resort to force requires consideration of what “imminence” means in this context. However, artificial intelligence is fundamentally a means of making decisions to resort to force or contributing to the reasons for which such decisions are made by humans. Unlike the jus in bello, the jus ad bellum is …

Classification Of The Armed Conflicts In The Near East, Marco Sassòli

International Law Studies

This article explores the proper classification of Israel’s current conflicts with Hamas and Hezbollah as international or non-international armed conflicts. It discusses the different possibilities of how the international humanitarian law of international or non-international armed conflict applies to those conflicts and whether and to what extent the international humanitarian law of military occupation applies to the conduct of Israel Defence Forces in the Gaza Strip and Lebanon. It also explains why the proper classification of the conflicts still matters and is not only an intellectual exercise for scholars or students. While every conflict has its specifics, the article deals …

Proportionality: Can’T Live With It But Can’T Live Without It, Geoffrey S. Corn

International Law Studies

Perhaps no other word in the international humanitarian law lexicon evokes more interest and emotion than proportionality. How States implement the rule of proportionality is perhaps the most hotly debated aspect of international humanitarian law. The indeterminate nature of the rule allows for its meaning to conform to whatever its reader wants it to mean. This is a consequence of the variables related to key provisions of the rule: How do we assess military advantage? What makes an anticipated military advantage “concrete and direct”? And most problematic of all, what is the meaning of the term “excessive”? All of these …

Newport Manual On The Law Of Naval Warfare, Second Edition, Newport Manual Expert Group

International Law Studies

The Newport Manual on the Law of Naval Warfare, Second Edition, is a continuing effort to restate the law of naval warfare as a purely lex lata exercise. Like the first edition of 2023, it is designed to provide a practical guide for commanders and seafarers, lawyers and officials, and educators and students. In doing so, the Manual includes developments in warfighting technologies in recent decades, which have significantly influenced the nature of war at sea. This second edition has been edited by four of the original authors following an extensive review and revision process.

The Obligation Of “Due Regard” In The Eez During Armed Conflict At Sea, James Kraska

International Law Studies

This article explores the rights of belligerent warships and military aircraft to engage in hostile operations within a neutral coastal State’s exclusive economic zone (EEZ) during armed conflict. It argues that peacetime rules of due regard for coastal State sovereign rights and jurisdiction do not constrain these operations. The United Nations Convention on the Law of the Sea (UNCLOS) established the peacetime obligation of due regard in the EEZ. By 1984, the EEZ had become customary international law binding on all States. The San Remo Manual on International Law Applicable to Armed Conflict at Sea suggests belligerent naval forces owe …

Unclos And The Law Of Occupation: On The Rights And Duties Of Occupying States In Maritime Areas, Louis Mcdonough Monroy

International Law Studies

As of today, the framework of ocean governance of coastal maritime areas created by the United Nations Convention on the Law of the Sea (UNCLOS) is well understood and accepted by the international community. However, there are large and important areas of ocean space around the world that are subject to a more nuanced framework of interrelated norms. These are maritime areas that have come under the effective control of occupying States, often through the use of force. As such, the legal framework applicable to these maritime areas is that of the law of occupation. Nevertheless, because of the specificities …

Annotated Supplement To The Commander's Handbook On The Law Of Naval Operations

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …

Chapter 4: Safeguarding U.S. National Interests In The Maritime Environment

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …

Chapter 12: Deception During Armed Conflict

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …

Chapter 6: Adherence And Enforcement

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …

Chapter 5: Principles And Sources Of The Law Of Armed Conflict

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …

Chapter 8: The Law Of Targeting

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …

Manifestly Unlawful: Why Russian Military Commanders Must Disobey A Nuclear Launch Order Against Ukraine, Christopher J. Hart

International Law Studies

Applying the international legal framework governing the use of nuclear weapons to the facts of the war in Ukraine leads to a clear answer to the question of whether the use of nuclear weapons in Ukraine by Russia would be legal. While the 1996 International Court of Justice Advisory Opinion on the Threat or Use of Nuclear Weapons did not conclusively decide whether the use of nuclear weapons was per se illegal, by applying the legal framework articulated by the International Court of Justice to the facts of Russia’s war against Ukraine it is clear that any conceivable use of …

The Legal Boundaries Of (Digital) Information Or Psychological Operations Under International Humanitarian Law, Tilman Rodenhäuser

International Law Studies

“Information operations” or “psychological operations” have long been part of armed conflicts. Among Western militaries, they are commonly understood as the employment of communication or other means to influence the views, attitudes, or behavior of adversaries or civilian populations to achieve political and military objectives. Chinese military strategy describes “psychological offense and defense” as “a combat action that uses specific information and media to influence the psychology and behavior of the target object through rational propaganda, deterrence and emotional guidance based on strategic intentions and combat missions.” Likewise, Russian military doctrine elaborates on concepts such as “psychological warfare” and on …

Prisoner Of War Status And Nationals Of A Detaining Power, W. Casey Biggerstaff, Michael N. Schmitt

International Law Studies

This article examines whether a Detaining State is obliged to recognize prisoner of war status for its own nationals under Article 4A of the 1949 Geneva Convention III. It begins with an assessment of that article from the perspective of established principles for construing treaty provisions. It then adds context to that assessment by examining relevant scholarship and State practice regarding its prescriptions before and after the Convention’s negotiation and adoption. Although it concludes that denying prisoner of war status to a national of the Detaining Power is the more persuasive interpretation of Article 4A, it concludes by highlighting the …

The Strategic Use Of Ransomware Operations As A Method Of Warfare, Jeffrey Biller

International Law Studies

This article examines the potential use and legal limitations of ransomware to achieve strategic effects in armed conflicts. Ransomware is defined here as the temporary encryption of data until some pre-condition is met to release the encryption. The article focuses on international law as applicable to a State’s use of ransomware against another State, where both are parties to an existing international armed conflict. The author finds that international humanitarian law does not currently prohibit most uses of ransomware against non-military related targets in armed conflicts. While the encryption of data may be a legal violation when it inhibits the …

The Newport Manual On The Law Of Naval Warfare, James Kraska, Raul "Pete" Pedrozo, David Letts, Wolff Heintschel Von Heinegg, Rob Mclaughlin, James Farrant, Yurika Ishii, Gurpreet S. Khurana, Koki Sato

International Law Studies

This first edition of the Newport Manual has been superseded by the Newport Manual on the Law of Naval Warfare, Second Edition, published as Volume 105 (2025) of International Law Studies.

Should Have Known Better? The Standard Of Knowledge For Command Responsibility In International Criminal Law, Roee Bloch

International Law Studies

The criminal doctrine of command responsibility has a rich legal history, which makes it a widely recognized, if unsettled, concept of international criminal law. This article focuses on a key element of command responsibility: the commander’s knowledge of a subordinate's crimes. This article argues that current customary law instructs to apply a standard of actual knowledge of the commander, rather than the lower standard of constructive knowledge. The article reaches this conclusion by observing the primary shaping factor of international law—State behavior. Through the example of six diverse legal systems, the article demonstrates how the approach of legislative, executive, and …

The Shadow Of Success: How International Criminal Law Has Come To Shape The Battlefield, Gabriella Blum

International Law Studies

The rise of international criminal law (ICL) has undoubtedly contributed to the development and enforcement of international humanitarian law (IHL). Yet, there are also important and oft-overlooked ways in which it has done the opposite. By labeling certain violations of the laws of war as “criminal” and setting up dedicated mechanisms for prosecution and punishment of offenders, the content, practice, and logic of ICL are displacing those of IHL. With its doctrinal precision, elaborate institutions, and the seemingly irresistible claim of political and moral priority, ICL is overshadowing the more diffuse, less institutionalized, and more difficult to enforce IHL.

But …