Category Archives: Issue Archive

Syria Attack

Assessing US Justifications for Using Force in Response to Syria’s Chemical Attacks: An International Law Perspective

Michael Schmitt and Christopher Ford unpack the Trump Administration’s legal justifications for the April 2017 United States attack on a Syrian airfield in response to its use of chemical weapons against civilians. Schmitt and Ford discuss three possible legal bases for the use of force: self-defense, response to an internationally wrongful act, and humanitarian intervention. The authors conclude that the US’s actions run afoul of limitations in each relevant body of law, and of note, they discuss how this attack is consequential for the validity of humanitarian intervention on another state’s territory without approval from the UN Security Council. They conclude by suggesting that the international community is likely to consider the nature of suffering, in addition to the quantum of suffering, as bearing on the right of States to mount future humanitarian operations.

Attached Files:

Law of War Manual

Totality of the Circumstances: The DOD Law of War Manual & the Evolving Notion of Direct Participation in Hostilities

Major Ryan Krebsbach argues that the US Department of Defense Law of War Manual appropriately balances the need to protect civilians against the necessity of ensuring that individuals do not use the law of armed conflict to escape being lawfully targeted despite their material support for non-State armed forces. In contrast to the narrower definition used by the International Committee of the Red Cross of when a civilian loses immunity from lawful attack, the DoD Law of War Manual reduces the likelihood of unreasonably benefiting and encouraging unlawful belligerency.

Global Health Security

Global Health Security in an Era of Explosive Pandemic Potential

As part of his keynote address at JNSLP’s 2016 symposium—Strengthening National Security by Protecting Public Health—Professor Lawrence Gostin advocates for strengthening and reforming national and international global health security institutions in order to better prepare for future global epidemics.