ILC Draft Articles on Immunity of State Officials: Codification or Progressive Development? - Lieber Institute West Point Current state of the draft articles raises the question of whether the project forms a codification or a progressive development of IL.

The ILC has recently concluded its 2nd reading of Draft Articles on Immunity of State Officials from Foreign Criminal Jurisdiction. Tal Mimran & Esther Halfon ask whether the project forms a codification of existing law or a progressive development of IL. lieber.westpoint.edu/ilc-draft-ar...

Propaganda in Armed Conflict: Addressing Impact Through Upholding Legal Limits - Lieber Institute West Point Propaganda is not a new feature of conflicts, but technological developments mean the impact spreads with greater bearing than ever before.

Sally Longworth explains that addressing #propaganda in #armedconflict requires a fine balance to ensure all applicable obligations are upheld, but upholding this balance can help address some of the damage to the broader legal framework. lieber.westpoint.edu/propaganda-a...

Built Without a Battlefield: Challenges of a Cold Case War Crimes Prosecution - Lieber Institute West Point Even when prosecutors can navigate these evidentiary and procedural obstacles, accountability for war crimes is not guaranteed.

Australian authorities recently arrested #BenRobertsSmith for war crimes. Caitlin Chiaramonte and Matt Montazzoli analyze the difficulties of prosecutions of this kind. They conclude that accountability for war crimes in such cases is not guaranteed. lieber.westpoint.edu/built-withou...

Nuclear Weapons Part III – What Is To Be Done? - Lieber Institute West Point Can anything be done to row the world back from the nuclear precipice? The answer would seem to be yes, but realism will be important.

If prospects for significant #nuclear #disarmament in 2026 do not appear to be particularly rosy, can anything be done to row the world back from the nuclear precipice? The answer would seem to be yes, argues William Boothby, but realism will be important. lieber.westpoint.edu/nuclear-weap...

When armed groups/hackers/private military companies violate international law, who is responsible? Jennifer Maddocks's new book 'Attribution of Non-State Actor Conduct During Armed Conflict' explains when States are legally responsible for proxy actors. global.oup.com/academic/pro...

No New Rules Needed: Russia’s Minimalist Vision of Human Oversight for LAWS - Lieber Institute West Point Russia’s stance on LAWS presents a curious exercise in legal consistency, focusing on retained human responsibility.

Russia’s stance on #LAWS presents a curious exercise in legal consistency, explains Gerald Mako. lieber.westpoint.edu/no-new-rules...

A century-old trench anecdote reveals how LOAC draws the line between lawful #ruses and prohibited #perfidy. The same question endures: does the ruse invite reliance on a legal protection, or merely exploit the enemy’s ordinary situational expectations? lieber.westpoint.edu/tin-can-ruse...

Nuclear Weapons Part II - Can an Arms Race Be Stopped? - Lieber Institute West Point This post aims to work out what needs to happen for nuclear disarmament to morph from a theoretical goal into a broadly embraced objective.

Can a #nuclear #armsrace be stopped? In the second part of his post, William Boothby analyzes further manifestations of the dichotomy of views as to the lawfulness of possessing the instruments that would generate catastrophic consequences. lieber.westpoint.edu/nuclear-weap...

Through the Looking Glass, Again: The Caroline Standard and a General Framework for Necessity-Based Self-Defense - Lieber Institute West Point The Caroline standard provides a necessity-based analytical framework that is both legally sound and practically workable.

How we think about #selfdefense under international law boils often down to a single word - imminence. Thomas W. Oakley argues that imminence is the wrong lense. The right lense is #necessity. lieber.westpoint.edu/through-look...

Fighting at Machine Speed: AI and U.S. Army Counterfire Under the Law of War – Part II - Lieber Institute West Point AI-enabled counterfire can be lawful, but only if compliance is embedded into operational design rather than evaluated retrospectively.

Integrating #AI into #counterfire offers armies a credible way to compress the sensor-to-shooter cycle without departing from existing law of war requirements. Newly fielded and emerging AI systems do not change what the law demands, argues Megan Ezekannagha. lieber.westpoint.edu/fighting-mac...

Fighting at Machine Speed: AI and U.S. Army Counterfire Under the Law of War – Part I - Lieber Institute West Point AI-based systems, such as MSS, TITAN, and ASTARTE, not only accelerate counterfire but reshape the decision environment itself.

By providing commanders with real-time airspace awareness, automated deconfliction, and AI-generated courses of action, systems such as MSS, TITAN, and ASTARTE not only accelerate counterfire but reshape the decision environment, explains Megan Ezekannagha. lieber.westpoint.edu/fighting-mac...

Ukraine’s Suspension of the Anti-Personnel Mine Ban Convention - Lieber Institute West Point Ukraine suspended the Oslo-Ottawa Convention to establish reciprocity, yet it is problematic from the standpoint of the law of treaties.

On July 17, 2025, #Ukraine suspended operation of the #OttawaConvention. As Robert Kolb explains, Ukraine’s suspension is problematic from the standpoint of the law of treaties. lieber.westpoint.edu/ukraines-sus...

Challenging Common Assumptions About Civilian Protection in Large-Scale Combat Operations - Lieber Institute West Point Preparations for LSCOs have led to a debate about whether the conduct of such operations requires modifying the prevailing approach to civilian protection.

Preparations for #LSCOs have led to a debate about #civilian protection obligations under #LOAC. But what if the debate is based on a series of false premises, asks Mark Lattimer. lieber.westpoint.edu/challenging-...

Nuclear Weapons Part I - Opposing Perspectives - Lieber Institute West Point This post explores the fundamental differences of view on nuclear weapons: one focusing on deterrence and the other on illegality.

While there is likely to be general agreement among States that the consequences of an actual employment of a #nuclearweapon are likely to be dire, there is a fundamental dichotomy of views as to the lawfulness of possessing them, explains William Boothby. lieber.westpoint.edu/nuclear-weap...

Human Oversight with Chinese Characteristics: Lethal Autonomous Weapons in the CCW GGE - Lieber Institute West Point China has held to a clear line: LAWS must stay under Meaningful Human Control (MHC) if they are to meet IHL standards.

China has held to a clear line when it comes to #LAWS: such systems must stay under Meaningful Human Control #MHC if they are to meet #IHL standards. Gerald Mako explores in his post the Chinese approach to lethal autonomous weapons systems and IHL. lieber.westpoint.edu/human-oversi...

Putting the Canadian in IHL: The Canadian Handbook on International Humanitarian Law - Lieber Institute West Point The project that became The Canadian Handbook of International Humanitarian Law examines how Canada interprets and applies IHL.

The Canadian Handbook on International Humanitarian Law makes visible a Canadian approach to #IHL that has remained largely dispersed, inaccessible, and unarticulated, explain Christopher Waters, Steve Tiwa Fomekong and Catherine Gribbin. lieber.westpoint.edu/putting-cana...

When Cartels Fight Back: El Mencho and the NIAC Question in Mexico - Lieber Institute West Point El Mencho’s killing is a stress test for the NIAC debate, illustrating why classification must rest on sustained intensity and organization.

El Mencho’s killing is a stress test for the #Mexico–#cartel #NIAC debate, illustrating why classification cannot turn on labels or a single spectacular raid, but must rest on sustained intensity and organization, argue Chiara Redaelli and Carlos Arévalo. lieber.westpoint.edu/when-cartels...

What Aggregate Civilian-Combatant Ratios Tell Us, And What They Don’t: A Case Study from the Gaza Conflict - Lieber Institute West Point Can aggregate civilian-combatant ratios determine whether a belligerent has violated international humanitarian law?

Aggregate civilian–combatant ratios can serve important analytical and humanitarian purposes. However, their evidentiary limits are clear, argues Oded Hen. lieber.westpoint.edu/what-aggrega...

The Evolving Architecture of the International Law of Military Operations: Mapping the Future of Legal Research in Armed Conflict - Lieber Institute West Point IL of military operations as a hybrid but coherent field: a functional framework integrating multiple legal regimes.

In an era of accelerating change and contested norms, the international law of military operations stands at a crossroads, argue @paulducheine.bsky.social, Terry Gill, Peter Pijpers, and Marten Zwanenburg. lieber.westpoint.edu/evolving-arc...

Armenia’s Military Procurement from India and Article 36 of the Additional Protocol I - Lieber Institute West Point Has Armenia complied with its obligation, under Article 36 of Additional Protocol I, to review weapons before acquiring them from India?

Armenia has undertaken one of the most consequential military modernization programs in its post-independence history. Davit Khachatryan explores whether Armenia has complied with its obligation, under AP I, to review these weapons before acquiring them. lieber.westpoint.edu/armenias-mil...

The Regulation of Levées en Masse: Extending Participation to Diaspora Populations - Lieber Institute West Point This post outlines policy and legal arguments in favour of recognising non-resident citizens as legitimate participants in levées en masse.

The notion of #levéeenmasse is a unique category in IHL. Elliot Winter outlines the policy and legal arguments in favour of recognising non-resident citizens as legitimate participants in levées en masse.
lieber.westpoint.edu/regulation-l...

The Role of Municipal Law Analogies in the Law of Armed Conflicts - Lieber Institute West Point This post discusses how the general principles of law serve as a channel for municipal law analogies to fill gaps in international law.

The legal technique of using general principles of law to fill gaps by analogizing relevant municipal law plays a certain role in the LOAC, albeit a limited one, explains Robert Kolb. lieber.westpoint.edu/role-municip...

The Alleged Poisoning of Alexei Navalny: Why do Toxin Allegations Go to the Hague? - Lieber Institute West Point New allegations as of February 2026 accuse Russia of poisoning Alexei Navalny with the toxin epibatidine, clear violation of the BTWC.

During the 2026 Munich Security Conference, several States made a joint statement concerning the death of #AlexeiNavalny. In this statement, these States made clear that the poisoning was a violation of the #BTWC, as well as #CWC. lieber.westpoint.edu/alleged-pois...

Legal Accountability for AI-Driven Autonomous Weapons - Lieber Institute West Point The rise of AI-driven autonomous weapon systems is forcing a re-examination of some of the most basic principles of IHL.

As #algorithms begin to make decisions that determine who lives and who dies on the battlefield, the rise of #AI-driven autonomous weapon systems (AWS) is forcing a re-examination of some of the most basic principles of #IHL, explains Gerald Mako. lieber.westpoint.edu/legal-accoun...

When Red Lines Cross Blue Lines: Cyber Attacks on Poland’s Water Infrastructure – Part II - Lieber Institute West Point Cyber operations against water infrastructure are not legally low-impact just because they are digital or, for now, short-lived.

Cyber operations against water infrastructure are not legally low-impact just because they are digital or, for now, short-lived, argue Szymon Skalski and Natosha Hoduski. lieber.westpoint.edu/when-red-lin...

An Occupying Power’s Authority to Conclude Treaties for Occupied Territories - Lieber Institute West Point Can an occupying power conclude treaties relating to the occupied territory? No clear answer yet exists for this question.

Can an occupying power conclude treaties relating to the occupied territory? Can it do so solely in its own name or also in the name of the State whose territory is occupied? No clear answer yet exists for these questions, argues Robert Kolb. lieber.westpoint.edu/occupying-po...

When Red Lines Cross Blue Lines: Cyber Attacks on Poland’s Water Infrastructure – Part I - Lieber Institute West Point This post examines when cyber operations against water infrastructure may qualify as attacks under the LOAC.

Szymon Skalski and Natosha Hoduski examine in their post when #cyber operations against water infrastructure may qualify as #attacks under #LOAC. lieber.westpoint.edu/when-red-lin...

Anti-Personnel Mines in a Post-Hostilities Environment: The Case of Armenia-Azerbaijan Conflict - Lieber Institute West Point Few contemporary conflicts have been as deeply saturated with landmines as the protracted confrontation between Armenia and Azerbaijan.

Few contemporary conflicts have been as saturated with landmines as the one between #Armenia & #Azerbaijan. Davit Khachatryan discusses the continuing effects of mines on civilians & obligations of States exercising effective control over territory. lieber.westpoint.edu/anti-personn...

Laws of Yesterday’s Wars Symposium – Conclusion - Lieber Institute West Point Laws of Yesterday’s Wars project reinforces an important thesis: modern humanitarianism is part of a much older human project.

The Laws of Yesterday’s Wars Symposium reinforces a central understanding: modern humanitarianism is part of a much older human project, explains Samuel White. lieber.westpoint.edu/laws-yesterd...

Laws of Yesterday’s Wars Symposium – African Traditions and the Preservation of Humanity during Warfare - Lieber Institute West Point African societies have long maintained systems of customary law governing conflict, reconciliation, and restoration of communal harmony.

Africa’s diverse societies have long maintained complex systems of customary law governing conflict, reconciliation & the restoration of communal harmony. Tamalin Bolus & Sarah Jean Mabeza explore the links between law & culture. lieber.westpoint.edu/african-trad...