Articles of War
@articlesofwar.bsky.social
Timely debate and analysis of legal challenges on the contemporary battlefield. /Lieber Institute, West Point USMA
. #Proportionality is one of the most widely used concepts in international law. However, its recurrence across different legal regimes should not lead to the mistaken assumption that it carries a single meaning, argues @mikeschmitt.bsky.social. lieber.westpoint.edu/parsing-prop...
In Honor of Françoise Hampson - Parsing Proportionality - Lieber Institute West Point
This post explains how proportionality operates differently in jus ad bellum, LOAC, ICL, IHRL, and law of State responsibility.
lieber.westpoint.edu
November 25, 2025 at 5:18 PM
. #Proportionality is one of the most widely used concepts in international law. However, its recurrence across different legal regimes should not lead to the mistaken assumption that it carries a single meaning, argues @mikeschmitt.bsky.social. lieber.westpoint.edu/parsing-prop...
Stuart Casey-Maslen considers in his post the extent to which #weapons whose use is illegal under #LOAC may be used in belligerent #reprisals. lieber.westpoint.edu/reprisals-wi...
Belligerent Reprisals Series - Reprisals with Weapons - Lieber Institute West Point
This post tackles reprisals from the angle of weapons law, addressing situations where unlawful use of a lawful weapon may be justified.
lieber.westpoint.edu
November 24, 2025 at 3:49 PM
Stuart Casey-Maslen considers in his post the extent to which #weapons whose use is illegal under #LOAC may be used in belligerent #reprisals. lieber.westpoint.edu/reprisals-wi...
Recent occurrences in on-going #armedconflicts have brought back into international legal discourse the notion of #belligerent #reprisals. @francescoromani.bsky.social introduces the Belligerent Reprisals Series. lieber.westpoint.edu/belligerent-...
Belligerent Reprisals Series – Changing the Paradigm to Rein in Retaliation in Armed Conflict - Lieber Institute West Point
Recent events have brought back the notion of belligerent reprisals incl. its definition, regulation, and permissibility under modern IHL.
lieber.westpoint.edu
November 21, 2025 at 12:07 PM
Recent occurrences in on-going #armedconflicts have brought back into international legal discourse the notion of #belligerent #reprisals. @francescoromani.bsky.social introduces the Belligerent Reprisals Series. lieber.westpoint.edu/belligerent-...
In late October 2025, @CIJ_ICJ delivered another #AO in relation to Palestine. @jemtseva.bsky.social discusses in her post the “indispensable character” of the #UN and the provision of #humanitarianaid by new types of private actors. lieber.westpoint.edu/how-indispen...
The ICJ Obligations of Israel Advisory Opinion – How Indispensable Is the UN After All? - Lieber Institute West Point
This post focuses on the “indispensable character” of the UN and the provision of humanitarian aid by new types of private actors.
lieber.westpoint.edu
November 19, 2025 at 4:05 PM
In late October 2025, @CIJ_ICJ delivered another #AO in relation to Palestine. @jemtseva.bsky.social discusses in her post the “indispensable character” of the #UN and the provision of #humanitarianaid by new types of private actors. lieber.westpoint.edu/how-indispen...
The Italian National Cybersecurity Agency plays a critical role in the defense of Italy’s digital domain. Adriano Iaria examines whether its infrastructure and objects could be legitimate military objectives in the event of an armed conflict. lieber.westpoint.edu/military-obj...
Military Objective or Civilian Object? The Italian National Cybersecurity Agency's Status in Case of Armed Conflict - Lieber Institute West Point
From an IHL perspective, the ACN occupies a nuanced position within Italy’s national cybersecurity architecture.
lieber.westpoint.edu
November 17, 2025 at 5:31 PM
The Italian National Cybersecurity Agency plays a critical role in the defense of Italy’s digital domain. Adriano Iaria examines whether its infrastructure and objects could be legitimate military objectives in the event of an armed conflict. lieber.westpoint.edu/military-obj...
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/why-reciproc...
Why Reciprocity Refuses to Die: The Enduring Logic of Fairness in War - Lieber Institute West Point
Reciprocity endures as hidden grammar of compliance and legitimacy in warfare despite the legal reform seeking to purge it from IHL.
lieber.westpoint.edu
November 14, 2025 at 4:43 PM
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/why-reciproc...
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...
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.
lieber.westpoint.edu
October 1, 2025 at 1:17 PM
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...
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...
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.
lieber.westpoint.edu
September 29, 2025 at 2:23 PM
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...
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 – 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.
lieber.westpoint.edu
September 26, 2025 at 4:01 PM
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...
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 - 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.
lieber.westpoint.edu
September 24, 2025 at 3:33 PM
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...
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 – 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.
lieber.westpoint.edu
September 22, 2025 at 5:49 PM
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...
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?
lieber.westpoint.edu
September 19, 2025 at 4:51 PM
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...
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.
lieber.westpoint.edu
September 19, 2025 at 3:55 PM
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...
Reposted by Articles of War
📣 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...
voelkerrechtsblog.org/symposium/re...
Revisiting Customary IHL: The ICRC Study at 20
voelkerrechtsblog.org
September 19, 2025 at 8:27 AM
📣 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...
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 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.
lieber.westpoint.edu
September 17, 2025 at 3:31 PM
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...
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.
lieber.westpoint.edu
September 15, 2025 at 5:03 PM
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...
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.
lieber.westpoint.edu
September 12, 2025 at 2:32 PM
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...
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.
lieber.westpoint.edu
September 10, 2025 at 4:22 PM
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...
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.
lieber.westpoint.edu
September 8, 2025 at 3:12 PM
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...
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.
lieber.westpoint.edu
September 5, 2025 at 3:28 PM
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...
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.
lieber.westpoint.edu
September 2, 2025 at 3:33 PM
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...
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.
lieber.westpoint.edu
August 29, 2025 at 3:24 PM
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...
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...
westpointpress.com
August 28, 2025 at 1:33 PM
#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...
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.
lieber.westpoint.edu
August 27, 2025 at 1:57 PM
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...