Fighting an Illegal War and Fighting a War Illegally The relationship between regime change and IHL is one of inherent tension, casting IHL as an obstacle rather than an essential constraint.

The relationship between regime change and IHL is one of inherent tension, incentivizing battlefields where the law is viewed as an obstacle rather than an essential constraint. Gabor Rona urges the international community to resist this “sliding scale”:

#IHL #regimechange #Iran #JusadBellum

Hey guys.
The war objectives are due BEFORE you start the war.
#PublicDeclaration #jusadbellum #JustWar

1- Just Cause
2- Legitimate Authority
3- Proportionality of Ends
4- Reasonable Chance of Success
5- Public Declaration
6- Last Resort

7- Just Intention

#JustWarThinking #jusadbellum #deliberation #MilitaryEthics #Profession

#JustWar #jusadbellum #jusadvim

The Moral Disorder of Jus ad Bellum and Jus in Bello Purity - Lieber Institute West Point Debate on separating jus in bello from jus ad bellum hinges on a core issue: LOAC’s role versus a sovereign’s duty.

At the heart of the debate over whether #jusinbello and #jusadbellum should be kept absolutely separate is the underlying question of #LOAC’s role vis-à-vis a sovereign’s duty, argues Thomas Wheatley. lieber.westpoint.edu/moral-disord...

Of Open and Closed Systems – War Caught in Lotus and Anti-Lotus - Lieber Institute West Point In the context of war, we find open and closed systems, pitching the jus ad bellum (closed) against the jus in bello (open).

Within every system of law there are open & closed legal sub-systems. In the context of #war, we find both systems, pitching the #jusadbellum against the #jusinbello with differing rules concerning freedom of action, argues Robert Kolb. lieber.westpoint.edu/open-closed-...

Just war theory - Wikipedia

I was raised #Unitarian. A frequent topic in the early "adult school" was #JustWarTheory.

en.wikipedia.org/wiki/Just_wa...

"
The criteria are split into two groups:

#JusAdBellum
("right to go to war")

and

#JusInBello
("right conduct in war").
"

Historically many were #Abolitionist.

1. Just Cause
2. Legitimate Authority
3. Proportionality of Ends
4. Reasonable Chance of Success
5. Last Resort
6. Public Declaration
(7. Just Intention)

#JustWarThinking #jusadbellum

Exceptions to the Separation Between the Jus ad Bellum and Jus in Bello - Lieber Institute West Point As can be seen through the analysis of four categories, the principle of separation is less strict than is often conceded.

According to canonic learning and overwhelming practice, the rules of the #jusadbellum and #jusinbello are separated. This principle of equality does not, however, apply in absolute terms. Robert Kolb explores the exceptions to this canonic separation. lieber.westpoint.edu/exceptions-s...

Israel’s Rising Lion

Can force be justified to stop a threat that hasn’t yet materialized? Davit Khachatryan's latest piece explores how Israel’s “Rising Lion” operation and shifting state practice risk unraveling the legal order on the use of force. 
#JusAdBellum, #InternationalLaw
voelkerrechtsblog.org/israels-risi...

Operation Rising Lion and the Self-Defense Condition of Immediacy - Lieber Institute West Point One should not easily overlook immediacy as a possible framework with which to view the current situation between Israel and Iran.

The recent #Israeli strikes and their surrounding context raise the critical question of the life cycle of #selfdefense situations under IL. @wcbiggerstaff.bsky.social explores when it is appropriate to conduct a responding State’s #jusadbellum analysis anew. lieber.westpoint.edu/operation-ri...

The Myth of Jus ad Bellum–Jus in Bello Purity - Lieber Institute West Point That jus ad bellum and jus in bello are and must remain separate in the most absolute sense is not a “settled” point of law.

In modern IL, the separation of #jusadbellum & #jusinbello is frequently treated as dogma. Thomas Wheatley argues that although the two bodies of law can be treated separately, the notion that the two must remain absolutely separate is legally unsupported. lieber.westpoint.edu/myth-jus-ad-...

Israel’s Operation Rising Lion and the Right of Self-Defense - Lieber Institute West Point Whether Op Rising Lion comports with the right of anticipatory self-defense, is a question that will be judged against contested facts.

On June 13, #IDF launched Op. #RisingLion, a major strike against #Iranian nuclear infrastructure and ballistic missile capability. @mikeschmitt.bsky.social examines whether Israel had a colorable legal basis for launching the strikes under the #jusadbellum. lieber.westpoint.edu/israels-oper...

Jus ad Bellum

At 3:30pm ET today, JS co-editor-in-chief @tessbridgeman.bsky.social joins #ASILAM panel “Speaking Truth to Power on the Brink of Armed Conflict”

Read Tess's writing on this topic and more: www.justsecurity.org/author/bridg...

And our #JusAdBellum archive: www.justsecurity.org/tag/jus-ad-b...

If the “Why” of War Shapes the “How” of Law, Who is Accountable? - Lieber Institute West Point We must leave the “why” of war and the “how” of law separate to preserve the relevance and integrity of IHL and ICL.

The ongoing #armedconflicts in Ukraine & Gaza illustrate the dangerous consequences of conflating #jusadbellum & #jusinbello. Davit Khachatryan argues that this conflation risks undermining universality of #IHL & reducing #ICL to a tool of selective enforcement. lieber.westpoint.edu/if-why-war-s...

The Operational Consequences of Conflating the “Why” and “How” of War - Lieber Institute West Point Inviting further conflation of jus ad bellum and jus in bello rules is strategically dangerous and untenable on the operational level.

Is the reason why we fight enough to change how we fight? Conflating #jusadbellum and #jusinbello is both strategically risky and operationally unfeasible, argue Emily Bobenrieth and Alison Martin. Adhering to in bello rules ensures sound decisions. lieber.westpoint.edu/operational-...

Iran and Israel: The Light Treatment of Jus ad Bellum - Lieber Institute West Point Did IDF’s strikes on October 26, 2024, against Iran constitute armed reprisals, thereby violating the jus ad bellum?

In the early hours of October 26, 2024, the #IDF launched a large-scale #attack against #Iran. Some have considered the attack to be an armed #reprisal, thereby violating the #jusadbellum. Ori Pomson asks whether this is a correct legal assessment or not. lieber.westpoint.edu/iran-israel-...