In response to the October 7, 2023 Hamas attacks against Israeli civilians, Israel mounted Operation Swords of Iron. Although international law allows for certain limited uses of insurgent force, including uses directed toward “self-determination,” these residual allowances do not include any rights of indiscriminate violence or of deliberate attacks on noncombatants. “Revenge,” of course, is [...]
“Each state is expected, perpetually, to aid and enforce the law of nations, as part of the common law, by inflicting an adequate punishment upon the offenses against that universal law.” William Blackstone, Commentaries on the Law of England (Book 4) After January 6, 2021, it was disclosed by the special investigating committee of the [...]
“The existence of `system’ in the world is obvious to every observer of nature, no matter whom.” Pierre Teilhard de Chardin, The Phenomenon of Man (1959) Whether conspicuous or obscure, terrorism generally presents itself as a systemic challenge. This means, inter alia, that seemingly singular strategic and legal matters may actually be many-sided and interrelated. Regarding legal issues, though [...]
“It must not be forgotten that it is perhaps more dangerous for a nation to allow itself to be conquered intellectually than by arms.” —Guillaume Apollinaire, “The New Spirit and the Poets” (1917) Nuclear weapons remain unique in the history of warfare and corresponding international law. Even a single instance of nuclear war-fighting could signify [...]
Vladimir Putin’s multiple crimes against Ukraine include aggression and genocide. But what happens when these two categories of criminality come together? Among other things, this result is not “merely” additive; it is also synergistic. Hence, the cumulative Russian wrongdoing is actually greater than the calculable sum of its component “parts.” What pertinent connections ought to [...]
In jurisprudential matters, whether national or international, precedent remains vitally important. When former (and possibly future) US President Donald J. Trump issued illegal pardons to selected American officials for established crimes against international law, the consequences reverberated in other countries. Now, with still-mounting Russian crimes against Ukraine – crimes of war; crimes against peace; and crimes [...]
It’s an uncommon association, but certain connections have been suggested between sovereignty (the highest form of earthly authority) and offerings of immortality. For the most part, at the level of philosophical investigation, such connections have not always been subtle. Observes G F Hegel (1820) in The Philosophy of Right: “The state is the march of [...]
“For by Wise Counsel, Thou Shalt Make Thy War.” Proverbs, 24,6 As a matter of logic, an Israel-Iran nuclear exchange is presently out of the question. Though energetically pursuing a military nuclear capability, the Shiite Republic still has a formidable way to go before it can claim any credible status as an operational nuclear power. [...]
Nullum crimen sine poena, “No crime without a punishment” The ICC Warrant Against Vladimir Putin The International Criminal Court has issued an arrest warrant against Russian President Vladimir Putin for committing egregious war crimes in Ukraine. With this law-enforcing issuance, the ICC acknowledges inter alia the continuing validity of the Nuremberg Principles under international law. [...]
In its steadily escalating war on Palestinian terror, Israel has a law-based responsibility to limit harm to Arab populations and a concurrent responsibility not to bring war-related suffering to its own populations. To clarify these intersecting obligations, this essay will focus on pertinent legal issues of insurgency, counterterrorism, and humanitarian international law in the Middle [...]
