From Protecting Lives to Protecting States: Use of Force Across the Threat Continuum

Use of Force

Retired Brigadier General Kenneth Watkin’s new book, Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict, helps address some of the issues with the increasingly blurred line between international humanitarian law and human rights law. Professor Mitt Regan’s review addresses the trends that Watkin regards as posing novel challenges for states… Continue reading From Protecting Lives to Protecting States: Use of Force Across the Threat Continuum

Countering the Prominence Effect: How US National Security Lawyers Can Fulfill Non-Prominent Humanitarian Objectives

Decision researchers describe a “prominence effect” that leads decision makers to choose an option with more defensible attributes when quantitative assessment of those options is difficult. Prominence is hypothesized as a factor in US policy decisions not to use military force to prevent or stop humanitarian crises. Prominence is also regarded as a behavioral failure… Continue reading Countering the Prominence Effect: How US National Security Lawyers Can Fulfill Non-Prominent Humanitarian Objectives

Preventive Detention for National Security Purposes in Israel

By Dvir Saar & Ben Wahlhaus Since the beginning of the 21st century, democratic states have increasingly been forced to confront the threat of terrorism on multiple fronts: at home, at the borders, and abroad. One tool that states have employed to protect the population is preventive detention. While highly effective in countering national security… Continue reading Preventive Detention for National Security Purposes in Israel