A podcast about the various legal regimes that govern the use of force and armed conflict - in short, the laws of war.
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A conversation with Monica Hakimi of Columbia Law School and Janina Dill of the University of Oxford on crisis facing the international legal order, as exacerbated by the unlawful US-Israeli war against Iran. The conversation begins with the jus ad bellum analysis of the attacks, before turning to explore whether and why the UN Charter system on the use of force is collapsing, and why states have…
A conversation with Monica Hakimi of Columbia Law School about how best to understand and respond to the current transformation of the international legal order. We explore some of Monica's recent theoretical work on how to better understand the operation of international law, as a necessary step to being able to comprehend both why and how the international legal order is in transformation, and…
Conversation with Brian Finucane of The International Crisis Group and former legal advisor in the U.S. Dept. of State, on the legality of the US military strikes against alleged drug smugglers in the Southern Caribbean and Eastern Pacific. We discuss whether either self-defense under jus ad bellum, or international humanitarian law applicable to armed conflict, apply to these strikes, and if not,…
Harold Hongju Koh of Yale Law School discusses his new book, The National Security Constitution for the 21st Century, which examines the structural and systemic reasons for the dangerously increased strength of the executive branch of government in the U.S., and its implications for American use of force, foreign relations, and international law. We discuss not only the evolution and implications…
Janina Dill of the University of Oxford and Adil Haque of Rutgers Law School return to the podcast to address the question of whether it is possible now, while hostilities are still ongoing, to assess whether some aspects of the IDF's conduct of hostilities may be in violation of IHL. The question is germane because many argue that one cannot assess such violations until all of the evidence is…
A conversation with Professors Ingrid Brunk of Vanderbilt University Law School and Monica Hakimi of Columbia University Law School, about their forthcoming article on the prohibitions against annexations - a prohibition that is related to and often conflated with the prohibition agains the use of force, but which is distinct and important. We discuss the origins and operation of the principle,…
In a cross-posted episode I discuss with Jonathan Hafetz, host of the Law on Film podcast, and professor of law at Seton Hall Law School, the film "Eye in the Sky" - a 2015 film about a British and U.S. operated drone strike against al Shabaab terrorists in Kenya, which intelligently and engagingly explores the legal, ethical, philosophical, political, and strategic issues raised by the operation.…
A round-table discussion with Professors Monika Hakimi of Columbia Law School, Adil Haque of Rutgers Law School, and Marko Milanovic of Reading Univ. School of Law, on the question of whether Israel has a right of self-defense under Article 51 of the U.N. Charter in response to the Hamas attacks on October 7. The incident raises, and we explore, important questions about the scope of the…
A discussion with Tom Dannenbaum, a professor of international law at The Fletcher School at Tufts University, on his work on the war crime of starvation. We delve into the proper interpretation of the IHL prohibition on starvation as a method of warfare, and the war crime of intentionally using starvation of civilians as a method of warfare in the Rome Statute of the ICC, considering what…
A discussion with Chris O'Meara, Lecturer at Exeter University Law School, about his new book, "Necessity and Proportionality and the Right of Self-Defence In International Law." Chris explains his novel taxonomy for the principle of necessity, and how the relationship among necessity, proportionality, and imminence should be properly understood, and we delve into some of the potentially…
