Articles of War
@Articles_of_War
Followers
4K
Following
883
Media
236
Statuses
1K
Timely debate and analysis of legal challenges on the contemporary battlefield. @Lieber_Inst @WestPoint_USMA
West Point, NY
Joined March 2020
Bryan Peeler asks in his post why does #reciprocity refuse to die. He argues that reciprocity endures as the hidden grammar of compliance and legitimacy in #warfare despite more than a century of legal reform seeking to purge it from #IHL.
lieber.westpoint.edu
Reciprocity endures as hidden grammar of compliance and legitimacy in warfare despite the legal reform seeking to purge it from IHL.
0
0
5
The #Rousseau-#Portalis Doctrine has had a significant impact on the law of war over the past two centuries. @DanStigall50 provides a brief background on Rousseau & Portalis, their views on law of nations & ideas that form the substance of the Doctrine.
lieber.westpoint.edu
Rousseau and Portalis are both important figures in French intellectual history who shaped law and government through their ideas.
0
0
2
If a #treaty is silent on the right to make #reservations, then according to the VCLT, the principal consideration is the compatibility of the reservation with the object and purpose of the treaty. Robert Kolb proposes a typology of reservations.
lieber.westpoint.edu
This post proposes a succinct typology of reservations regarding the object and purpose of treaties and delves into the way IHL fits into it.
0
1
2
How is customary #IHL shaped? Vincent Widdig argues that, while the @ICRC Customary IHL Study remains a valuable baseline, its #methodology for identifying customary IHL requires both a deepening and a widening of the scope in view of modern #warfare.
lieber.westpoint.edu
CIL can only be robust enough to adapt to the challenges of modern conflicts if its identification is rebalanced to account for them.
0
2
4
The @ICRC Customary #IHL Study is a reference point for IHL rules that have attained the status of customary law. Mina Radončić explores the possibility that the Study could equally explicitly signal issues where State practice is not consistent enough.
lieber.westpoint.edu
The Study could explicitly signal issues where State practice is not (yet) consistent enough to demonstrate the existence of a custom.
0
0
1
The introduction to the @ICRC Study on Customary #IHL envisages the possibility of a future update. One of the proposals mentioned is the codification of the #Martensclause. Paulina Rob explores the role of the Martens clause in such an endeavour.
lieber.westpoint.edu
Martens clause does not appear to be a promising candidate for a possible new edition of the Study, given its character as a secondary rule.
0
0
3
Should #ICL shape the rules that bind States in war? Tom Gal explores the use of ICL jurisprudence in identifying customary #IHL and concludes that a “balanced approach” can be useful for interpretation but not for identification of #custom.
lieber.westpoint.edu
Should ICL, or more specifically, international criminal jurisprudence, shape the rules that bind States in war?
0
0
1
Since 2005, @ICRC Study of Customary #IHL has assumed an authoritative position in the identification & application of the law of armed conflict. @RDiekjobst, @rosalauterbach & Paulina Rob introduce the joint series between AoW and @Voe_Blog.
lieber.westpoint.edu
The ideas introduced in this series highlight the contested terrain of customary IHL two decades after the ICRC’s Study was first published.
0
0
2
Should unmanned maritime systems be categorically barred from transiting archipelagic sea lanes during armed conflict? Pornomo Rovan Astri Yoga explores the transit of lethal #drones or #unmanned vessels through #archipelagic sea lanes.
lieber.westpoint.edu
To prevent neutral waters from becoming inadvertent highways for lethal drones, the international community must urgently close legal gaps.
0
1
0
When considering the application of immunity ratione personae to heads of aggressor States, we invariably assume that it applies erga omnes, that is, v-à-v the criminal jurisdiction of all foreign States. How sound is that assumption, asks Nobuo Hayashi.
lieber.westpoint.edu
When considering the application of immunity ratione personae to heads of aggressor States, we invariably assume that it applies erga omnes.
0
1
2
In the past year, a growing chorus of voices has warned that the international “rule-based” order—along with the prohibition on the use of #force—is unraveling. Kinga Tibori-Szabó unpacks the conceptual load of such claims.
lieber.westpoint.edu
In the past year, a growing chorus of voices has warned of the unraveling of the “rule-based” order and the prohibition on the use of force.
0
1
1
According to canonic learning and overwhelming practice, the rules of the #jusadbellum and #jusinbello are separated. This principle of equality does not, however, apply in absolute terms. Robert Kolb explores the exceptions to this canonic separation.
lieber.westpoint.edu
As can be seen through the analysis of four categories, the principle of separation is less strict than is often conceded.
0
2
2
EE, LV & LT are coordinating the construction of the #BalticDefenseLine, stretching along their borders with #Russia & #Belarus. While the military rationale is clear, a key question is how these measures align with #LOAC, argues Davit Khachatryan.
lieber.westpoint.edu
Baltic States are coordinating the construction of the Baltic Defense Line, stretching along their borders with Russia and Belarus.
0
0
2
Op. #SpiderWeb highlights not only #Ukraine’s tactical ingenuity but also a deeper structural issue in the #lawofwar. @RobLawless1 explores #civilian object instrumentalization that has become more visible and consequential in contemporary #warfare.
lieber.westpoint.edu
Ukraine’s Operation Spider Web is a powerful instance of belligerent instrumentalization of civilian objects to achieve war ends.
0
1
2
When considering today’s #armedconflicts, it may be wise to look back on the structural pillars on which the 19th cent. #lawofwar was built. Robert Kolb explores main strands of its construction, including how it differed from the #IHL we know today.
lieber.westpoint.edu
Reflections on today’s armed conflicts call for consideration of the systematic pillars on which the 19th century law of war was constructed.
0
1
1
Given the potential impact and scope of #lawfare, it remains surprising that there is little in the way of a whole-of-government strategy to counter and prepare for lawfare #threats, explains Crispin Smith.
lieber.westpoint.edu
It is time to cohere a broader coalition of actors who can more effectively and agilely respond to lawfare as a form of irregular warfare.
0
0
2
“#Ukraine Symposium: International Law in the Crucible of Conflict – Vol. 1” is now available in softcover from @WestPointPress! The book is a valuable resource for anyone interested in exploring legal complexities of modern #warfare.
press.westpoint.edu
New and Noteworthy
0
0
2
Future conflicts will rely heavily on the use of emerging technology such as #drones. It is time to change the way the U.S. DoD conducts #weaponsreviews of these new capabilities to ensure it is an enabler of innovation, argues Michael Meier.
lieber.westpoint.edu
It is time to change the way U.S. DoD conducts weapons reviews of new capabilities, such as drones, to ensure it is an enabler of innovation.
0
0
3
Netta Goussac & Rain Liivoja explore in their post the critical role of #legalreviews in safeguarding compliance with #IHL in the context of mil. #AI capabilities. They argue that the distinctive features of AI require a tailored approach to these reviews.
lieber.westpoint.edu
This post explores the critical role of legal reviews in safeguarding compliance with IHL in the context of military AI capabilities.
2
1
10