Articles of War

The Rousseau-Portalis Doctrine: French Legal Thought and the Law of War – Part I - Lieber Institute West Point Rousseau and Portalis are both important figures in French intellectual history who shaped law and government through their ideas.

The #Rousseau-#Portalis Doctrine has had a significant impact on the law of #war over the past two centuries. Dan Stigall provides a brief background on Rousseau & Portalis, their views on the law of nations & their ideas that form the substance of the Doctrine. lieber.westpoint.edu/rousseau-por...

Typology of Reservations Contrary to the Object and Purpose of a Treaty and their Application to IHL - Lieber Institute West Point This post proposes a succinct typology of reservations regarding the object and purpose of treaties and delves into the way IHL fits into it.

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 in question with the object and purpose of the treaty. Robert Kolb proposes a typology of reservations. lieber.westpoint.edu/typology-res...

Revisiting Customary IHL Series – Getting it right? Challenges and Shortcomings in the Identification of Customary IHL - Lieber Institute West Point CIL can only be robust enough to adapt to the challenges of modern conflicts if its identification is rebalanced to account for them.

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/getting-righ...

Revisiting Customary IHL Series - Non finito: Should the Study also Identify Norms that Are not Custom? - Lieber Institute West Point The Study could explicitly signal issues where State practice is not (yet) consistent enough to demonstrate the existence of a custom.

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/non-finito-s...

Revisiting Customary IHL Series – Study 2.0 Featuring the Martens Clause: Tool Rather Than Subject - Lieber Institute West Point 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.

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/study-2-0-fe...

Revisiting Customary IHL Series - A Question of Methodology: Should International Criminal Law Shape IHL? - Lieber Institute West Point Should ICL, or more specifically, international criminal jurisprudence, shape the rules that bind States in war?

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/question-met...

@diekjobst.bsky.social, @rosalauterbach.bsky.social and Paulina Rob introduce the joint series between #ArticlesofWar and @voelkerrechtsblog.org, which highlights the contested terrain of customary international humanitarian law two decades after the ICRC’s Study was first published.

The Study’s 20th anniversary presents a key opportunity to spark a conversation on the customary #lawsofwar and how the rules contained in the Study have been received so far.

Revisiting Customary IHL Series – The ICRC’s Study at 20 - Lieber Institute West Point The ideas introduced in this series highlight the contested terrain of customary IHL two decades after the ICRC’s Study was first published.

Since its publication in 2005, #ICRC Study of Customary #IHL has assumed an authoritative position in the identification and application of the law of #armedconflict. lieber.westpoint.edu/revisiting-c...

Revisiting Customary IHL: The ICRC Study at 20

📣 Our new #Symposium, hosted by #Ö and #ArticlesOfWar (@articlesofwar.bsky.social)! On the occasion of the 20th anniversary of the #ICRC's customary IHL study, its authority, methodology, and relevance will be analyzed from various angles. Read more here✨️:
voelkerrechtsblog.org/symposium/re...

When Belligerent Drones Knock on Neutral Waters: Archipelagic Sea Lanes in the Age of Kamikaze Systems - Lieber Institute West Point To prevent neutral waters from becoming inadvertent highways for lethal drones, the international community must urgently close legal gaps.

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/when-bellige...

Is There a Victim State Exemption from Immunity Ratione Personae Accruing to Heads of Aggressor States? - Lieber Institute West Point When considering the application of immunity ratione personae to heads of aggressor States, we invariably assume that it applies erga omnes.

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/is-there-vic...

The Ban on Force or the System: What’s Really Dying? - Lieber Institute West Point 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.

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/ban-force-sy...

Exceptions to the Separation Between the Jus ad Bellum and Jus in Bello - Lieber Institute West Point As can be seen through the analysis of four categories, the principle of separation is less strict than is often conceded.

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/exceptions-s...

The Baltic Defense Line: Military Necessity and Civilian Protection on NATO’s Eastern Flank - Lieber Institute West Point Baltic States are coordinating the construction of the Baltic Defense Line, stretching along their borders with Russia and Belarus.

Estonia, Latvia & Lithuania 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-defen...

Operation Spider Web and Instrumentalizing Civilian Objects - Lieber Institute West Point Ukraine’s Operation Spider Web is a powerful instance of belligerent instrumentalization of civilian objects to achieve war ends.

Op. #SpiderWeb highlights not only #Ukraine’s tactical ingenuity but also a deeper structural issue in the #lawofwar. Robert Lawless explores #civilian object instrumentalization that has become more visible and consequential in contemporary #warfare. lieber.westpoint.edu/operation-sp...

Gravitational Points of the 19th Century Law of War - Lieber Institute West Point Reflections on today’s armed conflicts call for consideration of the systematic pillars on which the 19th century law of war was constructed.

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 & development, including how it differed from the IHL we know today. lieber.westpoint.edu/gravitationa...

Is Lawfare for Lawyers? - Lieber Institute West Point 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.

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/is-lawfare-f...

Ukraine Symposium Vol 1 — West Point Press This volume features articles that address a range of legal topics arising from the Ukraine-Russia conflict. Among other things, the volume examines subjects associated with the battlefield status and...

#Ukraine Symposium: International Law in the Crucible of Conflict – Vol. 1 is now available in softcover from West Point Press! The book is a valuable resource for anyone interested in exploring legal complexities of modern #warfare. westpointpress.com/ukrainesympo...

Unleashing Drone Dominance: Rethinking Department of Defense Weapons Reviews - Lieber Institute West Point 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.

Future #conflicts will rely heavily on the use of emerging technologies 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/unleashing-d...

CyCon 2025 Series – Legal Reviews of Military Artificial Intelligence Capabilities - Lieber Institute West Point This post explores the critical role of legal reviews in safeguarding compliance with IHL in the context of military AI capabilities.

Netta Goussac & Rain Liivoja explore in their post the critical role of #legalreviews in safeguarding compliance with #IHL in the context of military #AI capabilities. They argue that the distinctive features of AI require a tailored approach to these reviews. lieber.westpoint.edu/legal-review...

CyCon 2025 Series – AI-Enabled Offensive Cyber Operations: Legal Challenges in the Shadows of Automation - Lieber Institute West Point This post unpacks the challenges posed by the use of AI in offensive cyber operations during armed conflicts from the perspective of IL.

Does the use of #AI in #offensive #cyber ops put #IHL to the test? Eric Pouw & @lecanardfauve.bsky.social argue that main challenges emerge from 3 sources: applicable legal framework; intangible nature of cyberspace; general properties of AI technology. lieber.westpoint.edu/ai-enabled-o...

CyCon 2025 Series – Deciding with AI Systems: Rethinking Dynamics in Military Decision-Making - Lieber Institute West Point Challenges posed by AI DSS serve as a catalyst to critically reevaluate the role of humans in legally relevant military decision-making.

The challenges posed by #AI decision support systems ( #AIDSS ) in military decision-making serve as a catalyst to critically reevaluate the role of humans in legally relevant military decision-making, argues Anna Rosalie Greipl. lieber.westpoint.edu/deciding-wit...

CyCon 2025 Series – Artificial Intelligence in Armed Conflict: The Current State of International Law - Lieber Institute West Point This post examines the current state of international law as it applies to the use of artificial intelligence in armed conflict.

Is the rise of #AI set to reshape the rules of warfare? Antonio Coco examines the current state of IL as it applies to AI in #armedconflict & argues that technological neutrality of IL does not resolve all of the legal & operational challenges posed by AI. lieber.westpoint.edu/artificial-i...

Artificial Intelligence in Armed Conflict CyCon 2025 Series – Introduction - Lieber Institute West Point The series examines how international law governs the use of AI in today’s armed conflicts and may shape its role in those of the future.

AI is rapidly emerging as the defining disruptive technology of our time and militaries are no less determined to harness the potential of #AI. Kubo Mačák introduces the forthcoming series focusing on #IL and #artificialintelligence in #armedconflict. lieber.westpoint.edu/artificial-i...

Is Nuclear Weapons Law Stopping the Nukes? - Lieber Institute West Point International law reveals divergent positions on the legality of nuclear weapons as well as whether to seek non-proliferation or prohibition.

International law splits sharply on #nukes; many states regard them as illegal, but disagree on the right policy. Bill Boothby & Wolff Heintschel von Heinegg explore the spectrum from nonproliferation to a total ban.
lieber.westpoint.edu/is-nuclear-w...

Indirect or Reverberating Excessive Collateral Damage in Modern IHL - Lieber Institute West Point A series of contextual criteria must be considered to reach a legally sound result when assessing indirect collateral damage.

A series of contextual criteria must be considered to reach a legally sound result when assessing #indirect #collateral #damage. Robert Kolb highlights key factors in making #proportionality determinations in the context of #targeting and #LOAC. lieber.westpoint.edu/indirect-rev...

Indiscriminate Attacks, Proportionality and the Meaning of “Incidental” Civilian Harm - Lieber Institute West Point What does it mean for civilian harm to be “incidental” within the meaning of the proportionality rule of the law of armed conflict (LOAC)?

What does it mean for #civilian #harm to be “incidental” within the meaning of the #proportionality rule of #LOAC? The answer carries profound consequences for how we distinguish lawful military operations from #indiscriminate #attacks, argues @aurelsari.com. lieber.westpoint.edu/indiscrimina...

Kinocide as a Strategy of Terrorism: Legal Frameworks and Case Law Analysis - Lieber Institute West Point There is a need to examine kinocide not merely as a collection of individual crimes, but as a coherent and escalating strategy of terrorism.

Kinocide constitutes one of the most brutal evolutions in the modern strategy of #terrorism. Cochav Elkayam-Levy, Irwin Cotler, and Stewart Wiseman argue that #kinocide is a coherent and escalating #strategy of terrorism. lieber.westpoint.edu/kinocide-str...