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Please pass on information about sources and links which you consider of interest and relevance. Hot links are provided to web sources.
| Last Year's List |
| Date | Title | Author | Reference |
|---|---|---|---|
| ***New*** September |
Warfare, Not Lawfare. A New Legal Framework for Military Operations | Alexander Gray | Prosperity Institute, 7 September 2026 |
Democratic nations need their armed forces to act decisively in defence of national security. But in recent years the legal frameworks governing military operations have increasingly failed to reflect the realities of armed conflict. International humanitarian law applies where normal civil mechanisms have broken down. Armed forces are deployed only when civilian agencies cannot cope-whether at home or overseas. In those circumstances, policing laws are not fit for purpose, and this new Military Operations Bill makes clear that operations should be judged under the law of armed conflict.
Summary extracted by Aspals |
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| ***New*** September |
An Update on the Relationship Between IHL and IHRL, lex specialis and Recent Developments | Marko Milanovic | EJIL: Talk!, September 1, 2026 |
The past couple of years have seen a substantial number of new developments regarding the relationship between international humanitarian law (IHL) and international human rights law (IHRL). These include what is probably the most significant judicial engagement ever with this relationship – the 2025 European Court of Human Rights Ukraine and the Netherlands v. Russia merits judgment – as well as three advisory opinions of the International Court of Justice (2024 Policies and Practices; 2025 Climate Change; 2025 UNRWA AOs). One aspect of these decisions, however, is of particular interest: how the ECtHR and the ICJ have clearly abandoned lex specialis as the conceptual framing of the IHL/IHRL relationship.
Summary extracted by Aspals |
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| August | A corn Odyssey: questions about force majeure | Sorcha Eble | A&O Blog, 11 August 2026 |
A dispute over a ship stranded in the Black Sea raised two interesting points on force majeure: the meaning of “unforeseeable” and whether a notice requirement was a condition precedent. Inerco agreed to sell Ukrainian corn to ADM Israel, due to be shipped between April and May 2023. A force majeure clause dealing with “prevention of shipment” covered “unforeseeable … impediments” and required notice “within 7 consecutive days of the occurrence”. A separate extension clause required notice “not later than the next business day” after the “originally stipulated period”.
Due to the invasion of Ukraine, ships entering the Black Sea to load grain were inspected. In May, the Russian inspectors stopped inspecting inbound vessels. Inerco therefore invoked the force majeure clause. When ADM Israel rejected this, Inerco treated that as a renunciatory breach and terminated the contract.
Summary extracted by Aspals |
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| July | Symposium on Cyber, International Law and Artificial Intelligence in Armed Conflict: Law of Armed Conflict Implications of AI-Induced Fog of War | Gary Corn | Opinio Juris, 21 July 2026 |
Timely and accurate information is the lifeblood of successful military operations and is often critical to meeting law of armed conflict (LOAC) obligations. But as Clausewitz famously noted: "War is the realm of uncertainty; three quarters of the factors on which action in war is based are wrapped in a fog of greater or lesser uncertainty." Some of this proverbial "fog of war" is inherent to the extremely complex and chaotic nature of combat. Some is the result of deliberate efforts to deceive one's enemy, degrade the availability and quality of the information available to it, and corrupt its decision-making processes.
Summary extracted by Aspals |
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| July | Clausewitz on Operation Epic Fury | Michael Schmitt | Just Security, 21 July 2026 |
Clausewitz, the 19th-century Prussian strategist, wrote about war in the aftermath of the Napoleonic campaigns. His goal was to explain why earlier theories of war proved inadequate during those campaigns, which for the first time involved the mobilization of a nation. But the questions he posed are the same as those that Operation Epic Fury raises today. Did the use of force serve a clearly defined political purpose? Was the right kind of war being fought with the right means? Were the conditions for termination set before the operation began?
Here, the author applies six of Clausewitz's core principles to this U.S. "war of choice": war as the continuation of political intercourse, matching ends to means, the center of gravity, the culminating point, friction and uncertainty, and the paradoxical trinity.
Summary extracted by Aspals |
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| July | Report X Marks the Spot: The British Government's Deceptive Dossier on Iraq and WMD | Eric Herring, Piers Robinson | Political Science Quarterly, Volume 129, Issue 4 Winter 2014 Pages 551-584 |
The British Government Published a dossier on 24 September 2002 setting out its claims regarding Iraqi Weapons of Mass Destruction (WMD). Parliament was recalled for an emergency session on the same day to hear Prime Minister Tony Blair's presentation of it. The dossier stated that Iraq had WMD and was producing more. After the invasion in March 2003, no WMD were found. Ever since, there has been controversy as to whether the dossier reported accurately intelligence which turned out to be wrong, as Blair has claimed consistently, or whether the dossier deliberately deceived by intentionally giving the impression of greater Iraqi WMD capability and threat than the intelligence suggested. Despite a great deal of attention to the September dossier, there has not been any analysis conceptually well developed enough, or sufficiently grounded in the empirical evidence, to make much headway in resolving this disagreement.
Summary extracted by Aspals |
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| July | In Context: Analyzing Secretary Rubio’s International Criminal Court Op-Ed | Tom Dannenbaum and Eliav Lieblich | Just Security July 16, 2026 |
U.S. Secretary of State Marco Rubio announced in a Wall Street Journal op-ed, together with video and press statements, that the United States would be undertaking an effort to dismantle the International Criminal Court (ICC), "brick by brick if necessary." The authors and others responded to this statement here. The separate purpose of this article is to address the specific statements in the op-ed (quoted in italics). The authors, writing from their positions as international law scholars, address some of the factual claims or underlying assumptions in the article in a way that they hope will be helpful for the public, journalists, and others seeking to make sense of this announcement.
Summary extracted by Aspals |
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| June | The military use of AI and the law of armed conflict: what role for government and industry? | Aurel Sari and Geraint Evans | Taylor & Francis Online, 10 June 2026 |
The UK has committed itself to the responsible adoption of AI technologies for military use. While the Ministry of Defence has published detailed guidance on the ethical dimension of military AI, so far it has offered remarkably little guidance on its legal aspects, including the law of armed conflict. The purpose of this article is to call attention to this imbalance and the risks it poses. A large proportion of AI capability development is now driven from the bottom up. Yet industry is not bound to ensure that its products are compliant with the law of armed conflict. Considerable time, effort and resources may therefore be invested in the design and development of AI systems that subsequently turn out to raise substantial legal concerns. This could present the Ministry of Defence with an unpalatable choice between redesigning these systems at considerable expense or deploying them at the risk of non-compliance. To avoid this outcome, we argue that the Ministry should recognize that the legal and ethical considerations of AI are distinct, determine what exactly its legal obligations demand, communicate these requirements to industry by setting detailed expectations and proactively engage with businesses early in the AI system lifecycle.
Summary extracted by Aspals |
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| June | Free Speech Union briefing - With Fear and Favour: Britain's Policing Emergency | David Rose | Free Speech Union, June 2026 |
The brutal murder of Henry Nowak - and the role played by racial bias of the police officers in attendance.
Summary extracted by AspalsStrip away the documents, the litigation and the consultancy reports, and what remains is a boy on a driveway, a lie, and a pair of handcuffs that went on the wrong man. Henry Nowak's killer told the police he was the victim of a racial attack, and the police treated the man he stabbed as the criminal. The judge said the officers were misled, and this briefing has sought to explain why the lie was so easy to tell and so certain to be believed. It has shown that for more than 25 years, British policing has been taught to treat an accusation of racism as the most serious charge that can be levelled, and a murderer, who had read nothing of Critical Race Theory but understood the culture perfectly, used that lesson to buy himself time over the body of his victim. |
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| June | The End of the Open Internet - How Europe Lost the Plot on Online Speech | Jacob Mchangama | Foreign Affairs, 20 June 2026 |
At the 2026 Munich Security Conference, European Commission President Ursula von der Leyen stressed Europe's "long tradition in freedom of speech." Then she drew a redline. "We are very clear with digital sovereignty . . . that what is forbidden offline is forbidden online," she added.
Summary extracted by AspalsVon der Leyen's maxim would have sounded foreign to the continent's leaders just over a decade ago. Inspired by the social media-led movements of the Arab Spring, liberal democracies treated Internet freedom as a geopolitical principle to be evangelized rather than a problem to be regulated. Since then, faith in the liberalizing potential of open access to the Internet has given way to a more technocratic focus on digital sovereignty, the idea that states must control their own data and infrastructure, as the organizing principle of European digital policy. The pivot has come as a response to the increasing dominance of American tech platforms, whose engagement-driven models have driven fears that they might be weaponized by hostile states and groups to spread propaganda and undermine democratic institutions. Since U.S. President Donald Trump's reelection in 2024 - and as Silicon Valley's leaders have cozied up to an administration openly antagonistic toward Europe's political establishment and supportive of the populists challenging it—European policymakers have increasingly felt the need to assert control over what Spanish Prime Minister Pedro Sánchez has referred to as a "digital Wild West." |
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| April | Modern Attack Balloons and the 1907 Hague Balloons Declaration | Ted Richard | Articles of War, 29 April 2026 |
During the Second World War the United States generally followed treaties even when an adversary was not a State party. This would not be the case for the 1907 Balloons Hague Declaration. To eliminate any ambiguity surrounding its inapplicability during the war, the U.S. War Department issued Circular Number 136 in May 1942, stating that the Declaration "is not binding and will not be observed." By 1943, the U.S. Army's Judge Advocate General's School textbook on the law of land warfare characterized the War Department's Circular as meaning that the United States had "expressly denounced" the Declaration. The United States has a straightforward path to eliminate any such question over the status and applicability of the 1907 Hague Declaration on Discharging Projectiles and Explosives from Balloons. Because the Declaration has a formal withdrawal procedure, the United States should follow it. Remaining a party to this 120-year-old treaty of almost no practical utility, while withdrawal would give the United States promising operational flexibility to leverage new, innovative delivery systems without the risk of being cast as a scofflaw.
Summary extracted by Aspals |
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| April | A Primer on Just War Theory and the Iran War - Assessing the Trump Administration's Response to the Catholic Church | Michael Schmitt | Just Security, 20 April 2026 |
While States must be guided by extant international law when considering whether and how to use force, its rules set only the legal boundaries that they may not cross, whether through action or omission. The decisions our leaders make must equally be informed by moral considerations, which seem in short supply in the ongoing conflicts. Just war doctrine helps calibrate the moral compass that should inform such decisions and serves as a useful framework for balancing military and humanitarian considerations when interpreting international law rules that may not offer clear guidance in the attendant circumstances. Despite the Vice President's pontification on the matter, the author will stick with the views of the Pontiff on the interpretation of the doctrine.
Summary extracted by Aspals |
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| April | When Government Lawyers Say No | Marko Milanovic | EJIL Talk!: April 13, 2026, |
There are times when government lawyers (including military legal advisors) are faced with a stark choice. Their political masters (or their superiors in the military) are clearly set on pursing a certain course of action that seems pretty patently illegal. The stakes are exceptionally high, including very possibly in lives lost. The pressure of raw power is overwhelming. Should the lawyer become (or continue being) an apologist for that raw power, crafting some kind legalistic rationale to justify a decision already made? Or should they just say no, this is illegal and you can't do it?
Summary extracted by Aspals |
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| April | When War Crimes Rhetoric Becomes Battlefield Reality: The Slippery Slope to Total War on Iran | Margaret Donovan and Rachel VanLandingham, Lt Col, USAF (Ret.) | Just Security, 6 April 2026 |
Iranian power plants and other critical civilian infrastructure are protected from attacks by the law of war the United States helped craft after World War II. Such an object can lose its protection only if it is used for military purposes by the enemy and its destruction "offers a definite military advantage." Even then, such an object can be attacked only if, after a case-by-case rigorous analysis, the "concrete and direct military advantage anticipated" outweighs the civilian suffering that is expected to result.
Summary extracted by Aspals |
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| April | Evacuation Orders: An Unlawful Use of Precautionary Measures? | Hussein Badreddine | EJIL:Talk!, 2 April 2026 |
Around 800,000 Lebanese residents have been displaced so far since the beginning of this round of hostilities between Hezbollah and Israel. On 2 March 2026, the Israeli Defense Forces (IDF) issued evacuation orders directing residents of villages and towns in southern Lebanon to leave their homes and move north of the Litani River, effectively depopulating an area covering about 8% of Lebanon's territory and affecting hundreds of thousands of residents (here and here). Similar orders followed on 5 March 2026, instructing roughly 400,000 residents of Beirut's southern suburbs to evacuate (here), and on 12 March 2026, directing residents between the Litani and Zahrani rivers to move north of the Zahrani River (here and here; and see map here). According to Doctors Without Borders, these blanket evacuation orders covered at least 14% of Lebanese territory and displaced more than 800,000 people.
Summary extracted by Aspals |
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