Articles of War

How Lessons Learned from the CCW Can Help Guide the Regulation of AWS - Lieber Institute West Point Convention on Certain Conventional Weapons (CCW) is not a theory of regulation; it is a record of what has worked, what has failed, and why.

For #AWS the central issue is not whether IHL “applies". The question is whether States will do what arms control has required before: set durable, weapon-specific constraints before battlefield practice hardens into a new baseline, argues Natalie Nunn. lieber.westpoint.edu/how-lessons-...

The ICJ Obligations of Israel Advisory Opinion - Mass Deprivation and Preventive Protection - Lieber Institute West Point This post addresses a more structural concern of the advisory opinion: how international law conceptualizes situations of mass deprivation

How does international law conceptualize mass #deprivation? In the ICJ’s 2025 AO on Israel’s obligations in the OPT, Tamar Luster argues that reliance on extreme factual indicators turns an early-warning standard into a post-catastrophe label. lieber.westpoint.edu/mass-depriva...

Of Evolving Belligerent Occupation Law: Old “Hague” Occupation and New “Geneva” Occupation - Lieber Institute West Point The ICJ’s recent jurisprudence has ushered in a new dual régime of occupation: Hague Occupation and Geneva Occupation.

The ICJ’s recent jurisprudence has ushered in a new dual régime of #occupation: Hague Occupation, for “on-the-spot” control; and Geneva Occupation, for “activities” control. Robert Kolb explains how each one of these limbs complements the other. lieber.westpoint.edu/evolving-bel...

Gamifying War: Reward Incentives and “Outlawry” in Armed Conflict - Lieber Institute West Point This post discusses the concept of outlawry and examines whether Russian and Ukrainian rewards programs are a form of prohibited outlawry.

Ronald Alcala discusses the concept of #outlawry in armed conflict & examines whether Russian & Ukrainian rewards programs that offer monetary & other incentives for the killing of enemy soldiers are a form of prohibited outlawry under international law. lieber.westpoint.edu/gamifying-wa...

The Moral Disorder of Jus ad Bellum and Jus in Bello Purity - Lieber Institute West Point Debate on separating jus in bello from jus ad bellum hinges on a core issue: LOAC’s role versus a sovereign’s duty.

At the heart of the debate over whether #jusinbello and #jusadbellum should be kept absolutely separate is the underlying question of #LOAC’s role vis-à-vis a sovereign’s duty, argues Thomas Wheatley. lieber.westpoint.edu/moral-disord...

Lexical Imperfections in the Hague Regulations of 1907 - Lieber Institute West Point The drafting of the Hague Regulations leaves many gaps and contains many lexical defects which give rise to uncertainties.

Although the 1907 #HagueRegulations represented the first reasonably general codification of the law of war in modern times, they left multiple questions unresolved. In his post, Robert Kolb analyzes the lexical imperfections of the Hague Regulations.
lieber.westpoint.edu/lexical-impe...

Intelligence Wars: Sabotage in the Shadows of Conflict - Lieber Institute West Point Sabotage has suddenly gained a high profile in international dialogue about conflict, especially in the context of "grey zone" conflict.

Sabotage, while legally ill-defined, remains a feature of #armedconflict in the 21st century. Kenneth Watkin argues that #sabotage requires a sufficiently broad definition that reflects the complexity of such operations. lieber.westpoint.edu/intelligence...

The Law of Neutrality in Situations of Belligerent Occupation - Lieber Institute West Point A less frequently addressed question concerns the applicability of the law of neutrality when a situation of occupation arises.

Does the law of neutrality apply when a situation of #occupation arises? Benjamin Meret addresses the threshold for application of neutrality, categorizes a range of situations involving belligerent occupation & assesses whether neutrality applies to each. lieber.westpoint.edu/law-neutrali...

Klaudia Klonowska discusses the conclusions of the workshop that explored under-researched trilateral relationship between AI, cyber, and international law.

The Impact of AI-Enabled Capabilities on the Application of International Law in the Cyber Domain - Lieber Institute West Point This post describes the proceedings and conclusions of a workshop focusing on the emerging applications of AI in military cyber operations.

Recently, a workshop organized by Army Cyber Institute and the Netherlands Defense Academy highlighted rapid developments in #AI-enabled #cyberattacks and examined the challenges they pose to the application of international legal obligations in armed conflicts. lieber.westpoint.edu/impact-ai-en...

Of Open and Closed Systems – War Caught in Lotus and Anti-Lotus - Lieber Institute West Point In the context of war, we find open and closed systems, pitching the jus ad bellum (closed) against the jus in bello (open).

Within every system of law there are open & closed legal sub-systems. In the context of #war, we find both systems, pitching the #jusadbellum against the #jusinbello with differing rules concerning freedom of action, argues Robert Kolb. lieber.westpoint.edu/open-closed-...

Year Ahead 2026 - The Law of Cyber Operations - Lieber Institute West Point In 2026, the law governing cyber operations in armed conflict is unlikely to undergo dramatic change, as existing trendlines will persist.

In 2026, States will continue to affirm that IHL applies to #cyberops conducted during #armedconflict. Yet its practical influence on State behavior is likely to be limited as cyber ops become more strategic & more deeply integrated with AI, argues Jeffrey Biller lieber.westpoint.edu/law-of-cyber...

Fionnuala Ní Aoláin recounts Prof Françoise Hampson’s work regarding the Turkey-PKK conflict and the relationship between IHL and #IHLR.

In Honor of Françoise Hampson - The Early Interface of IHL and Human Rights: Lessons from the Frontlines of Turkish Litigation - Lieber Institute West Point ECtHR has studiously avoided opining on the interface of human rights and international humanitarian law (IHL).

It is a well-observed truism that despite early decades of human rights jurisprudence from the #ECtHR addressing ongoing #armedconflicts, the Court has studiously avoided opining on the interface of #humanrights and #IHL. lieber.westpoint.edu/early-interf...

Year Ahead 2026 – Poisoned Wells Before The War - Lieber Institute West Point This post offers reflections on data poisoning in 2026, which exposes a misalignment between strategic competition and the structure of IL.

Data poisoning will continue to occur in peace & in war. During #armedconflict, #IHL regulates its effects. But the decisive legal challenge lies earlier, argues Sam White. lieber.westpoint.edu/poisoned-wel...

Reciprocity Without Retaliation: Rethinking Fairness in the Laws of War - Lieber Institute West Point Reciprocity can signify recognition; the basic acknowledgement that an adversary is a moral and legal subject capable of restraint.

#Reciprocity can signify recognition; the basic acknowledgement that an adversary is a moral and legal subject capable of #restraint and that mutual commitment sustains the legitimacy of law, argues Bryan Peeler.
lieber.westpoint.edu/reciprocity-...

As States begin to regard #outerspace as a war-fighting domain, #Japan has followed suit. Takahiro Abe focuses in his post on Japanese approach to space regulations and examines the meaning of bilateral and multi-lateral defense of outer space. lieber.westpoint.edu/japanese-per...

Year in Review - 2025 - Lieber Institute West Point 2025 brought a stress-testing of law of armed conflict and the international community, pressure point by pressure point.

2025 brought a stress-testing of #LOAC & the int. community. It was a sustained inquiry into whether the laws of war can meaningfully constrain violence in an age of strategic competition, technological acceleration & protracted conflict & if so, how. lieber.westpoint.edu/year-in-revi...

The Double Qualification of a Single Act of Belligerence - Lieber Institute West Point It appears that the doctrine of double qualification is neither necessary nor balanced, as it does not address a dangerous gap in IHL.

Robert Kolb analyzes in his post the doctrine of #doublequalification and concludes that it is neither necessary nor balanced. It does not address a dangerous gap in international humanitarian law. lieber.westpoint.edu/double-quali...

Clarity and Consequence: Autonomous Wingmen and the Rising Standard of Feasible Precautions - Lieber Institute West Point Possibility of attritable autonomous wingmen supporting more rigorous precautionary practice depends on the architecture surrounding them.

The U.S. Air Force’s & Anduril’s ambitious wingman program, Fury, has already lifted off. Davit Khachatryan analyzes the possibility that attritable autonomous wingmen could support more rigorous precautionary practice. lieber.westpoint.edu/clarity-cons...

Articles of War Editorial Board Changes - Lieber Institute West Point This post provides an overview of Articles of War's editorial board's changes happening in 2025, from managing editor to a new senior editor.

As we approach the end of 2025, Articles of War will be welcoming several exciting changes to our editorial board. Please join us in congratulating Prof. Jennifer Maddocks on her new appointment. lieber.westpoint.edu/articles-of-...

International Humanitarian Law as Jus Cogens - Lieber Institute West Point It is often claimed that IHL is in its greatest part peremptory, or at least a type of regulation akin to jus cogens.

It is often claimed that #IHL is in its greatest part #peremptory, or at least a type of regulation akin to #juscogens and protected in the same way as peremptory law. Robert Kolb critically reviews the arguments advanced to buttress this position. lieber.westpoint.edu/internationa...

Prisoner of War Repatriation and Interpretive Choice - Part III: A Lesson from Military History? - Lieber Institute West Point No episode involving prisoner of war repatriation illustrates its complexities better than the Korean War.

The final part of Sean Watts’s post recounts an often-forgotten episode in the history of post-conflict #POW #repatriation and offers concluding thoughts on efforts to further refine and harmonize views on this critical law of war protective regime. lieber.westpoint.edu/prisoner-war...

Prisoner of War Repatriation and Interpretive Choice - Part II: Involuntary Post-War Repatriation - Lieber Institute West Point Part II of this post considers the difficult and close question of involuntary repatriation of prisoners of war.

A challenging situation attaches to the question of #involuntary post-war repatriations of prisoners of war. In Part II of his post, Sean Watts addresses the difficult and close question of involuntary #repatriation of #POWs. lieber.westpoint.edu/prisoner-war...

Prisoner of War Repatriation and Interpretive Choice - Part I: The Legal Framework and Reciprocity - Lieber Institute West Point Part I of this post explores LOAC applicable to post-war repatriation of POWs and reciprocity questions from repatriation efforts.

POW #repatriations have long been contentious post-war affairs. Sean Watts explores the law of war applicable to post-conflict #POW repatriation. The first post outlines the legal framework & explores reciprocity as a fault line behind many repatriation disputes. lieber.westpoint.edu/prisoner-war...

Legal Reviews of War Algorithms: From Cyber Weapons to AI Systems - Lieber Institute West Point This post explores how insights from legal reviews of cyber weapons can inform those of AI systems and AI-enabled weapons.

Legal reviews of #AI systems pose significant legal & practical challenges due to their technical & operational features. Tobias Vestner & Nicolo Borgesano explore how insights from legal reviews of #cyberweapons can inform those of AI systems/AI-enabled weapons. lieber.westpoint.edu/legal-review...

Gaps and Seams in the Law of Armed Conflict for AI-Enabled Cyber Operations - Lieber Institute West Point The use of AI to enable cyber operations will accelerate growing integration of cyber into military operations.

This past September, the 4th Annual Symposium on Cyber & International Law took place. Emily Bobenrieth provides an overview of a panel discussion, which explored whether #AI-enabled cyber ops in armed conflict present uncertainty in application of #LOAC. lieber.westpoint.edu/gaps-seams-l...

Anything Other Than a Classic NIAC: Examining Myanmar’s Legal Battlefield - Lieber Institute West Point Increasing phenomenological and epistemic uncertainty following Myanmar's 2021 coup casts doubt on the conflict's categorisation as a NIAC.

Myanmar’s civil unrest is traditionally characterised as a #NIAC. Su Myat Thwe and @rosalauterbach.bsky.social examine the challenges to #LOAC’s authority and application that the conflict poses and explain where the conflict currently stands. lieber.westpoint.edu/anything-oth...

The Ukrainian Attacks Against Gambian-Flagged Oil Tankers in the Black Sea - Lieber Institute West Point On October 28, 2025, Ukrainian so-called “Sea Baby drones” attacked two Gambian-flagged oil tankers, the Kairos and Virat.

On October 28, Ukrainian “Sea Baby drones” attacked two Gambian-flagged #oiltankers, the Kairos and Virat, presumably part of Russia’s #shadowfleet. Wolff Heintschel von Heinegg discusses contributions to enemy’s war-sustaining efforts and lawful targets. lieber.westpoint.edu/ukrainian-at...

Can AI Teach Itself to Abuse IHL-Protected Indicators? - Lieber Institute West Point Could AI independently learn that abusing IHL’s protective indicators is its most optimal course-of-action?

IHL prohibits the misuse of certain indicators, such as the ICRC’s distinctive emblems. Jonathan Kwik and Adriaan Wiese ask in their post whether #AI could independently learn that abusing IHL’s protective indicators is its most optimal course-of-action. lieber.westpoint.edu/can-ai-teach...