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...

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...

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...

📣 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...

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...

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...

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...

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...

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...

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...

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...

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: 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...

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...

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...

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...

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...

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...

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...

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...

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...

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 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...

Cyber operations in the #MiddleEast consistently test the limits of international law, exposing how porous and discretionary those limits truly are. Gerald Mako reflects on the global trend of #cyber confrontation amplified in the Middle East. lieber.westpoint.edu/firewalls-fa...

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...

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...

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...

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-...

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...

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...

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 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...

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...

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...

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...

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...

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 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...

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...

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...

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...

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 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 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...

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...

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-...

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...

#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...

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...