Articles of War

Five Years of Articles of War - Lieber Institute West Point On Articles of War's 5th anniversary, we proudly reflect on a journey defined by engagement, scholarship, and global reach.

Today marks the 5-year anniversary of the launch of #ArticlesofWar. We extend our profound thanks to our co-founder, our authors, and readers. We’re thrilled by the prospect of working with you and continuing to serve our important field. lieber.westpoint.edu/five-years-o...

Non-State Cyber Actors in the 12-Day War – The Gray Zone of LOAC, Part II - Lieber Institute West Point This post addresses matters relating to potential detention and prosecution of non-state actors, especially the members of Predatory Sparrow.

Recent #cyber ops undertaken by the #PredatorySparrow have raised multiple questions regarding privatization of warfare and #LOAC gray zones. Gary Corn addresses in his post questions relating to potential detention and prosecution of Predatory Sparrow members. lieber.westpoint.edu/non-state-cy...

From Outrage to Engagement: Might Promoting Compliance Succeed Where Condemnation Has Failed? - Lieber Institute West Point This post argues that perhaps what is needed is a pivot, away from condemning IHL violations and towards promoting compliance.

Calling out #IHL #violations is not working. It may be preventing further deterioration, but it is not reining in unlawful attacks or restoring IHL as a normative red line. Erica Harper argues that what is needed is a pivot towards promoting #compliance. lieber.westpoint.edu/outrage-enga...

Prosecuting the Starvation War Crime in Germany: The Yarmouk Case - Lieber Institute West Point Yarmouk case is the only case in the world to investigate the deliberate starvation of Syrian civilians, making it a landmark trial.

The #Yarmouk case is thus far the only case in the world to investigate the deliberate starvation of Syrian civilians. @rosalauterbach.bsky.social argues that the addition of the #starvation charge marks a significant development in the prosecution of #warcrimes. lieber.westpoint.edu/prosecuting-...

Requiem for IHL: A Geopolitical Perspective - Lieber Institute West Point The demise of IHL is not a hypothetical or alarmist prediction, but an observation grounded in the political reality of our time.

The demise of #IHL is not a hypothetical or alarmist prediction, but an observation grounded in the political reality of our time, argues Nilanthan Niruthan. By using geopolitical and legal analysis, he examines how the concept of IHL is itself under siege. lieber.westpoint.edu/requiem-ihl-...

In its recent decision concerning drone strikes conducted from a US airbase in Germany, the German Federal Constitutional Court noted a recent publication in #LieberStudies series & cited Sivakumaran/Burne, Making and Shaping the Law of Armed Conflict. lieber.westpoint.edu/project/volu...

The 1892 Conferences on the Law of War published by Antoine Pillet - Lieber Institute West Point Pillet’s Le Droit de la Guerre provides valuable insights into this old-styled law of war in the days just before the Hague Conventions.

What were the hot issues of #IHL in 1892? What was debated or debatable in those days? Antoine Pillet’s Le Droit de la Guerre provides valuable insights into this old-styled law of #war in the days just before the #HagueConventions, argues Robert Kolb. lieber.westpoint.edu/1892-confere...

Did China Just Violate the Biological Warfare Convention? - Lieber Institute West Point The clandestine importation of a dangerous fungus could potentially violate the Biological Weapons Convention.

In early June, FBI arrested 2 Chinese nationals for conspiracy to smuggle a #fungus into the U.S., which is classified as an #agroterrorism weapon. James Kraska examines the Biological Weapons Convention and clandestine importation of a dangerous fungus. lieber.westpoint.edu/did-china-ju...

Non-State Cyber Actors in the 12-Day War – The Gray Zone of LOAC, Part I - Lieber Institute West Point Non-state actors linked to both Iran and Israel were actively targeting the opposing sides throughout the so-called 12-Day War.

Non-state actors linked to both #Iran and #Israel were actively targeting the opposing sides throughout the so-called 12-Day War. Gary Corn examines a pro-Israeli group known as #PredatorySparrow and their activities during the conflict. lieber.westpoint.edu/non-state-cy...

Australia's Afghanistan Inquiry Compensation Scheme: A Pragmatic Model for Individual Reparations - Lieber Institute West Point Australian compensation scheme represents a practical model for providing individual reparations, while maintaining administrative control.

While Australia’s #compensation scheme for victims of ADF ops in #Afghanistan has received criticism, the scheme also represents a practical model for providing individual #reparations while maintaining admin. control over the process, argues Emily Camins. lieber.westpoint.edu/australias-a...

Military Chaplains and Other Religious Personnel under IHL - Lieber Institute West Point The ramifications of attaching religious personnel to fighting forces, and the issues this poses for IHL, are underappreciated.

Religious personnel’s work, by its very nature, poses questions for #IHL. Andrew Bartles-Smith argues that #religious personnel can help to contextualize IHL in diverse #military cultures and to bridge it with the moral psychology and motivations of combatants. lieber.westpoint.edu/military-cha...

Protecting Inhabitants of Occupied Territory: Settler Violence in the West Bank - Lieber Institute West Point Obligation of an Occupying Power to ensure public order/safety in occupied territory is a tenet of the law of belligerent occupation.

Reportedly, Israeli settlers/soldiers have killed 5 US citizens in the #WestBank since 2023 Hamas attack. @mikeschmitt.bsky.social & Julia Flores examine occupying power’s obligation to maintain public order & ensure security of persons within occup. territory. lieber.westpoint.edu/protecting-i...

The Madleen Incident and the Gaza Naval Blockade - Lieber Institute West Point This post explores the legal framework governing naval blockades and examines the lawfulness of the interception of the Madleen.

On June 9, 2025, #Israel intercepted the #Madleen attempting to breach Israel’s longstanding naval #blockade of #Gaza. Dora Velenczei explores the legal framework governing #navalblockades and examines the lawfulness of the interception of the Madleen. lieber.westpoint.edu/madleen-inci...

Ukraine Symposium – War Termination: Legal Implications for International Security - Lieber Institute West Point Some options for ending the war in Ukraine carry greater risks to deterrence and international security than others.

War termination is not merely a legal or diplomatic task but a strategic choice. Some options for ending the #war in #Ukraine carry greater risks to #deterrence and international #security than others, argues Andrea Logan. lieber.westpoint.edu/war-terminat...

Intelligence Wars, Their Warriors, and Legal Ambiguity – Part II: Ambiguity - Lieber Institute West Point Ultimately, the challenge is that intelligence wars take place in an environment shrouded in legal ambiguity.

#Intelligence wars take place in an environment shrouded in legal #ambiguity regarding the status of its warriors, how undercover and other clandestine operations are carried out, and the strategic context in which they unfold, argues Ken Watkin. lieber.westpoint.edu/intelligence...

Intelligence Wars, Their Warriors, and Legal Ambiguity – Part I: Wars and Warriors - Lieber Institute West Point Irregular operations by intelligence agencies are a part of warfare that unfold often shaded from view, and at times, accountability.

Irregular operations hide in the shadows of a legally ambiguous environment. Ken Watkin explores this area of legal uncertainty by assessing the increasing reliance placed on “#intelligence wars” and the types of units engaged in such hostilities. lieber.westpoint.edu/intelligence...

What Is Left After Leaving Ottawa? - Lieber Institute West Point Withdrawal from Ottawa Convention does not mean lawlessness in the use of APMs as they continue to be regulated by general IHL principles.

The abandonment of the #OttawaConvention by some States is far from ideal and should be avoided where possible. Inna Zavorotko and Oleksii Plotnikov explore possible alternatives and ask what remains for States that choose to withdraw from the Convention. lieber.westpoint.edu/what-left-af...

Cross-Linkages between Non-Adverse Derogation and Non-Renunciation of Rights in Modern IHL - Lieber Institute West Point Cross-linkages, such as those this post has identified, secure protections borne of historical experience.

As Robert Kolb’s post on special agreements shows, modern #IHL, including especially the #GenevaConventions, requires holistic reading and thoughtful interpretation. lieber.westpoint.edu/cross-linkag...

An Operational Perspective of Military Advantage and Proportionality - Lieber Institute West Point It is challenging for outside observers to identify, understand, and quantify the anticipated military advantage of an attack.

Kevin S. Coble identifies in his post some factors commanders and planners may consider when evaluating an attack’s #militaryadvantage and explains how those individuals may use the factors when conducting a #proportionality analysis. lieber.westpoint.edu/operational-...

Comparative Law, the Law of War, and Usufruct - Lieber Institute West Point Comparative law provides a modality to explore the interrelationship between international law and domestic law.

Comparative law provides a modality to explore the interrelationship between IL & domestic law. Dan Stigall explores this function of #comparativelaw by highlighting the intertextual dialogue between international treaties and civil codes. lieber.westpoint.edu/comparative-...

Ukraine Symposium – Ukraine and the Future of the Ottawa Convention - Lieber Institute West Point Ukraine's “political” decision to cease performance of “irrelevant” Ottawa Convention commitments implies a more immediate effect.

#Ukraine announced its intention to cease performing “irrelevant obligations” of the #OttawaConvention. @duncanhollis.bsky.social analyzes Ukraine’s decision as it has not publicly qualified its withdrawal as a denunciation. lieber.westpoint.edu/ukraine-futu...

Operation Rising Lion and the Self-Defense Condition of Immediacy - Lieber Institute West Point One should not easily overlook immediacy as a possible framework with which to view the current situation between Israel and Iran.

The recent #Israeli strikes and their surrounding context raise the critical question of the life cycle of #selfdefense situations under IL. @wcbiggerstaff.bsky.social explores when it is appropriate to conduct a responding State’s #jusadbellum analysis anew. lieber.westpoint.edu/operation-ri...

The Myth of Jus ad Bellum–Jus in Bello Purity - Lieber Institute West Point That jus ad bellum and jus in bello are and must remain separate in the most absolute sense is not a “settled” point of law.

In modern IL, the separation of #jusadbellum & #jusinbello is frequently treated as dogma. Thomas Wheatley argues that although the two bodies of law can be treated separately, the notion that the two must remain absolutely separate is legally unsupported. lieber.westpoint.edu/myth-jus-ad-...

Shadows in Orbit: Unpacking the Cosmos 2588 Amidst Legal Uncertainty in Space - Lieber Institute West Point The recent launch of Cosmos 2588 has revived long-standing concerns about the issue of space weaponization.

The recent launch of #Cosmos2588 has revived long-standing concerns about the potential deployment of #ASAT capabilities and the broader issue of #space weaponization. Berfin Deniz Çabuk explores the legal ambiguity surrounding ASAT technologies. lieber.westpoint.edu/shadows-orbi...

Data Poisoning as a Covert Weapon: Securing U.S. Military Superiority in AI-Driven Warfare - Lieber Institute West Point Data poisoning represents a powerful addition to the U.S. arsenal of covert capabilities, offering a distinct advantage in AI driven warfare.

#Datapoisoning represents a powerful addition to the U.S. arsenal of covert capabilities, offering a distinct advantage in the evolving landscape of #AI driven #warfare, argues Aaron Conti. lieber.westpoint.edu/data-poisoni...

Interpreting the Law of Self-Defense - Lieber Institute West Point There is no question that the law of self-defense, especially that governing anticipatory self-defense, leaves room for interpretation.

Operation #RisingLion sparked a sophisticated debate over the parameters of the international law right of #selfdefense. @mikeschmitt.bsky.social asks when it is appropriate for States to reinterpret long-held international law rules. lieber.westpoint.edu/interpreting...

On Robert Kolb’s Advanced Introduction to International Humanitarian Law, Second Edition - Lieber Institute West Point Advanced Introduction to International Humanitarian Law, 2nd edition, surveys recent developments in and challenges facing IHL.

Robert Kolb’s Advanced Introduction to International Humanitarian Law, 2nd edition, surveys recent developments & challenges facing #IHL. It is hoped that this volume will foster a more informed IHL dialogue between States & their various constituencies. lieber.westpoint.edu/robert-kolbs...

Israel (and the United States) vs. Iran: Self-Defence and Forcible Counterproliferation - Lieber Institute West Point This post argues why the Israeli airstrikes (recently joined by the United States) do not qualify as lawful self-defence.

A number of experts have set out their position on whether #Israel has a credible claim to #selfdefense for its recent and ongoing series of strikes against #Iran. Terry Gill explores why the Israeli airstrikes would not qualify as lawful self-defense. lieber.westpoint.edu/israel-unite...

Ready Soldier One: Video Game Incentives and Law of Armed Conflict Compliance - Lieber Institute West Point The integration of a video-game-like point system represents a new paradigm in modern warfare, which can incentivize compliance with the law.

The integration of a video-game-like point system represents a new paradigm in modern #warfare. Chad Bird and Michelle Lukomski argue that when structured within the boundaries of #LOAC, the point system can incentivize #compliance with the law. lieber.westpoint.edu/ready-soldie...

Statehood and the Law of Armed Conflict - Lieber Institute West Point Across the body of the law of armed conflict, there is an observable symmetry around the concept of statehood as a normative concept.

Statehood under international law is not about a political entity’s factual existence or a degree of its factual control over the relevant territory, argues Alexander Orakhelashvili. lieber.westpoint.edu/statehood-la...