The Protection of Nationals Abroad and Non-Combatant Evacuation Operations in Times of Crisis

Ronald Alcala and Hitoshi Nasu discuss the legal basis for conducting non-combatant evacuation operations (NEO), a type of military operation conducted in a foreign state’s territory, designed to protect and rescue the operating state’s nationals. The legality of such operations has been debated for decades, and the potentially associated legal constraints surrounding them may hinder… Continue reading The Protection of Nationals Abroad and Non-Combatant Evacuation Operations in Times of Crisis

Lawfare and Sea Power: A Historical Perspective

Four hundred years ago, the United East India Company hired Hugo Grotius, who would later be memorialized as the “father of international law,” to legitimize Dutch sea power in the South China Sea. Dennis Harbin illustrates that Grotius and the legal defense he crafted would have major implications for competition between democracies and autocracies centuries… Continue reading Lawfare and Sea Power: A Historical Perspective

The Case for Attempted Perfidy: An “Attempt” to Enhance Deterrent Value

Mitigating the risk of deliberate attacks against civilians and other individuals protected by international humanitarian law is among the most fundamental objectives of international legal regulation of armed conflicts. Central to this risk mitigation is the categorical prohibition against deliberately attacking civilians and other protected individuals (unless and for such time as they directly participate… Continue reading The Case for Attempted Perfidy: An “Attempt” to Enhance Deterrent Value