A plea to the int'l law community. Be respectful on social media. No one is above learning from other scholars & practitioners, even those on the other side of an issue. Use reasoned analysis, not insults, to counter views you disagree with. Engage the issue, not the person.
Because that bridge is a lawful military objective under international humanitarian law during an international armed conflict due to its use for military purposes. Additional Protocol I, art. 52(2).
Genuine question: why is a truck bomb on a civilian infrastructure considered a legitimate act of liberation in a context of occupation and an act of terrorism in another?
Today I retire from 40 years with our armed forces, 20 in a USAF uniform, then as an Army & Navy civilian. Such an honor to serve alongside professionals of character, compassion & courage, including my Dad. Can't pass along better lessons than these.
International law friends and colleagues. The ICRC’s field operations are undeniably courageous and selfless. Whatever your positions on IHL or views about this and other wars, consider supporting the ICRC’s work.
We are relieved to confirm the safe release of 24 hostages.
We have facilitated this release by transporting them from Gaza to the Rafah border, marking the real-life impact of our role as a neutral intermediary between the parties.
It's my professional honor and personal pleasure to join the faculty of the University of Reading School of Law. Wonderful group of colleagues and an institution on exactly the right trajectory.
@UniRDG_Law
@UniofReading
Yes, the rumors are true. We are going to do a methodical review that will extend over a number of years. There will be a mechanism for general input and a robust program of State engagement. As before, T 3.0 will reflect only lex lata and will include all reasonable views.
Judge Simma during the championship round of
@The_Jessup
, asking the applicant on the use of
@TallinnManual
as a source of law: “aren’t you a bit quick to elevate the Tallinn Manual into a 38(1)(d) source.. Is
@Schmitt_ILaw
really like Grotius or Brownlie of our time?”
No scholar or practitioner has had more influence on IHL than Yoram, not only through his writings and the projects he led but also through selfless (and demanding) mentoring. Those of us whom he took under his wing loved him like a father and will miss him deeply.
Yoram Dinstein was one of the founders of the field of international law in Israel and a towering figure. Notwithstanding many differences in view points he was in recent years supportive of my work on occupation. Unlike many other Israeli scholars he held Gaza to be occupied
Honored to be asked to direct Tallinn Manual 3.0 by
@ccdcoe
and serve as co-general editor with the top thinkers in the field, Liis Vihul,
@CyberLawInt
CEO, & Prof. Marko Milanovic of
@UoN_Law
. Contribute by offering your comments on Tallinn Manual 2.0:
Old habits die hard, good friends are always welcome: spoke international law as it applies to cyberspace, Tallinn Manual 1,2,3, sovereignty and data as an object with
@Schmitt_ILaw
. Keep an eye on
@ccdcoe
for video. TY
@K4dr1K4sk4
For fellow IHL folks, my thoughts on a new approach to "organized armed groups" and "mixed non-State groups" in the law of targeting. Just published in the Duke Journal of Comparative and Int'l Law.
@amnesty
's allegations of unlawful conduct by Ukraine are unconvincing, argues
@Schmitt_ILaw
. Without supporting evidence, citing specific rules, or laying out its legal analysis, burden of proof for these allegations has not been met.
#UkraineSymposium
Don't worry
@IntLawBarbie
, the causal connection is too attenuated....you don't satisfy all three constitutive elements.
(I can't believe I answered this)
I've been working with women in the US armed forces and its allies for 42 years, including with this absolutely superb officer. Tucker Carlson's comments are disrespectful of these patriots who every day put service to their nation before themselves. Unacceptable.
I’ve had 2 children while serving in the Army, deployed to 2 combat zones, advised commanders at home & in war, and graduated from the Naval War College. I can assure you, my presence does not make a mockery of the military.
If you’re looking for a mockery, look in the mirror.
If you do IHL/use of force/mil ops issues, you MUST check out the Stockton e-Portal. Designed specifically for researchers & practitioners in the field. Something to add (like nat'l manual/doctrine/ICRC pubs)? Contact
@StocktonCenter
or
@IntLawStudies
Although I disagree with the analysis and stand by my own, engaging in respectful exchanges is essential in these complex and tragic times. Thank you to
@just_security
for hosting the piece.
My new piece, Wired Warfare 3.0, deals with the data as an "object" and the meaning of "cyber attack" debates; proposes policy to address them. Int'l Rev. of the Red Cross, now available in Cambridge Core
"Articles of War"
@Articles_of_War
is live!! New blog on conflict law issues (ad bellum & in bello) by West Point's
@WestPoint_USMA
Lieber Institute. See inaugural pieces by LTG Pede, Ashley Deeks, Geoff Corn and myself.
Marko Milanovic (
@UoN_Law
) and I examine the int'l law implications of COVID-19-related cyber ops & misinformation: sovereignty, intervention, due diligence, use of force, human rts. Forthcoming in
@NatSecLaw
special ed on pandemics/int'l law
Deeply honored to receive this award from President
@KerstiKaljulaid
of Estonia, the country I have come to admire so much while working with the
@ccdcoe
. I share this with all those who contributed so much to the
#TallinnManual
.
Extremely proud to witness today our Senior Fellow, Director of
#TallinnManual
2.0 Prof Schmitt
@Schmitt_ILaw
@CyberLawInt
receive the decoration Cross of Terra Mariana, IV class, from President of Estonia 🇪🇪
@KerstiKaljulaid
Honored to have such friends! Congrats once more!
Sad to see the scholars/practitioners who nurtured IHL in the last half century, like Leslie Green, Hays Parks, and Hans-Peter Gasser, pass on. In these troubling times, we can learn so much from their respectful approach, even when they disagreed.
On Dec 4, former
@ICRC
Head of Legal Division and Editor of the Intl Review of the Red Cross (and avid ICRC Library user) Hans-Peter Gasser passed away.
His publications reflect a decades-long career dedicated to the development and dissemination of
#IHL
:
Work on international security, use of force, military operations, IHL/LOAC, or maritime security issues? If so, subscribe to
@StocktonCenter
@IntLawStudies
, the oldest international law journal in the US, here:
My thoughts on Estonia’s leadership in chipping away at the grey zones of international cyber law — due diligence and collective countermeasures. Joins Netherlands, UK and other key States that have begun to do so
An incredible honor to hold a chair named for a soldier-scholar I knew well and deeply respected. Drafter of the Korean War Armistice who went on to become a giant among 20th century IHL thinkers.
Pardons for those convicted of war crimes in military courts-martial by fellow military personnel who understand the fog of war undercuts the important role IHL plays in ensuring disciplined and effective military operations
A premier journal on law and conflict, maritime security law, int'l cyber law, and more. Oldest international law journal in the US, with global contributors and global audience. Subscribe to the
@StocktonCenter
's International Law Studies
@IntLawStudies
:
If you are a government lawyer...or want to be one...or work with one...or are advised by one...read this
@ejiltalk
piece by
@dfat
attorney Harry Aitken. To the point, insightful, practical, essential. Duties of a Government International Legal Adviser
My thoughts on retaliation in international law, not only wrt the use of force, but also below that threshold. BLUF: International law never allows for a response based on a perceived need for retaliation, retribution, or punishment
Today, we can announce the
#CyberPeaceInstitute
, setting a new milestone in global efforts towards de-escalating conflicts and promoting peace and stability in
#cyberspace
.
States make and interpret international law in cyber space. See what is happening in the OAS space in this
@EUCyberDirect
piece by
@DuncanHollis
& colleagues
Elaborating International Law for Cyberspace
I guess tweeting about cyber and forgetting the link may generate a wee credibility gap. So, here it is, the piece on my changed views regarding cyber capabilities as a weapon. . And thanks to my friend
@AdHaque110
for being a hero & riding to the rescue
Changed my mind since Tallinn Manual 2.0 on the status of cyber capabilities as "weapons". This paper with Lt Col Jeff Biller of
@AF_Academy
@StocktonCenter
explains why.
On the occasion of the 1st anniversary of Tallinn Manual 2.0, hosted by
@DutchMFA
, few thoughts on the way ahead for states regarding int'l cyber law. See also accompanying speeches by Dutch Minister of Foreign Affairs Blok & Minister of Defence Bijleveld.
Honored to join key cyber law thinkers/practitioners in emphasizing to the UN Security Council how COVID-19 cyber operations can violate international law. via
@just_security
"Oxford Statement on the International Law Protections Against Cyber Operations Targeting the Health Care Sector"
Signed by 31 international law scholars
in advance of UN Security Council special meeting Friday
#Cyberattacks
#NotATarget
#UNSC
@EstoniaUN
Identifying the int'l law of cyberspace is Step 1. Step 2 is understanding HOW to apply it. These case studies do that by teasing loose and clarifying complex legal issues. Invaluable for legal advisers/policy-makers/operators. Bravo
@dfat
- global cyber capacity building leader
Counties unanimously agree existing international law applies in
#cyberspace
. But “how” does it apply??? These 🇦🇺 case studies touch on: breach identification; legal attribution; peaceful resolution; & lawful responses
#UNCyberOEWG
#UNCyberGGE
Granular and sophisticated legal analysis of the Bolton ICC speech from ever insightful
@Dapo
Akande in
@ejiltalk
. The Bolton Speech: The Legality of US Retaliatory Action Against Judges and Officials of the International Criminal Court? via
@ejiltalk
Leading IHL journal, now edited by my friends and colleagues -- Russell Buchan
@lawsheffield
,
@RainLiivoja
@uqlaw
and Emily Crawford
@SydneyLawSchool
. With them at the helm, this will become a favored venue for high quality work.
We now invite contributions to Volume 10(2) of the Journal of International Humanitarian Legal Studies, which will be published in December 2019. The deadline for submissions is 30 June 2019.
Changed my mind since Tallinn Manual 2.0 on the status of cyber capabilities as "weapons". This paper with Lt Col Jeff Biller of
@AF_Academy
@StocktonCenter
explains why.
Shocking and terribly sad news from
#Yemen
. I am devastated about the loss of an outstanding
@ICRC
delegate. I join his family and all our colleagues in mourning for our dear colleague.
NYT reported on a 𝐡𝐢𝐠𝐡𝐥𝐲 significant US
#cyber
operation deep inside Russia's power grid (
@SangerNYT
@nicoleperlroth
).
Now, top cyber law expert
@Schmitt_ILaw
analyzes how int'l law and global norms apply to both Russia's and US
#CYBERCOM
's actions.
An honor to be associated with
@IntLawStudies
, the oldest int'l law journal in the US (since 1895) and one that is relied on by int'l law policy makers, government legal advisers & scholars around the world. Published by my alma mater,
@NavalWarCollege
@StocktonCenter
@IntLawStudies
is very pleased to announce the Howard S. Levie Prof. Pete Pedrozo
@StocktonCenter
and Stockton Distinguished Scholar
@Schmitt_ILaw
as Executive Editors. Two exceptional scholars focused on our specialties – use of force, IHL, law of the sea, and maritime security.
Ukraine and Russia are party to an international armed conflict. Some states are now supplying Ukraine with military equipment. Isn’t this type of activity at risk of breaching the law of neutrality? And if this breach is sustained and systematic, do they become co-belligerents?
This is an extraordinarily important statement. Collective countermeasures. I support the notion but now we need to set forth a strong legal argument for their permissibility. Well done Estonia.
EST President
@KerstiKaljulaid
has just explained her country’s positions on how int law applies to cyber conflicts. ‘States which are not directly injured may apply countermeasures to support the state directly affected by the malicious cyber operation’.
Violation of international law? Interference w/ inherently governmental function on another State’s territory & thus violation of sovereignty?Russia Jammed GPS Signals During a NATO Military Exercise. That's a Really Big Deal. - The National Interest
At the start of this month we welcomed Marko Milanovic as our new Director and Professor of Public International Law. We will have lots in store for the next academic year!
@UniRDG_Law
Great organization staffed by selfless humanitarians and talented professionals making a difference globally, sometimes in life or death situations. Happy birthday to the ICRC family, we are all in your debt.
Just Security has published more than 40 articles analyzing diplomatic, legal, humanitarian & other consequences of the
#IsraelHamasWar
.
A new catalog organizes the collection into relevant topics for policymakers, researchers, journalists & the public:
Important essay by 3 former JAGs who understand war and the centrality of discipline in achieving victory. Pardons will undermine the effectiveness of our forces.
@just_security
My Great Uncle, Father Aloysius Schmitt. Died at Pearl Harbor. Navy Cross for saving 12 other sailors aboard the sinking USS Oklahoma. Destroyer escort USS Schmitt named after him. Admiral Nimitz attended dedication of
@lorascollege
chapel in his honor. Not a loser Mr. President.
Thoughts on cyber by
@liisvihul
of
@CyberLawInt
, COL Gary Corn and me at
@ccdcoe
Washington event. International Law and Conflict in Cyberspace: Attribution, Consequences, and the Development of Norms
The spin doctors on both sides of the political aisle dishonor those who served in Afghanistan. They deserve an objective assessment, not finger pointing in a political zero sum game.
If you do LOAC, read this. I may not agree with every single word, but to not know where the ICRC stands on these issues is to lose situational awareness.
Our full statement at the
#UNGA76
First Committee general debate on disarmament and int'l security is now available online:
➡️
Read on for a 360-degree overview of key topics, including
#TPNW
,
#NPT
,
#AWS
,
#cyber
,
#CCW
,
#OuterSpace
...and of course
#IHL
We’re thrilled to announce that Professor Marko Milanovic will be joining
@UniRDG_Law
and
@UniRdg_GLAR
as Professor of Public International Law. Welcome to
@UniofReading
Marko!
And I'm concerned the US opt-outs of LOAC and ICL regimes for tactical reasons means any US condemnation of Russian ops for AP I violations or calls for investigation under the Rome Statute (& universal juris) will ring hollow. We need to embrace LOAC & ICL for strategic reasons.
Strange that this piece does not acknowledge that the US executive branch itself took the position in 1996 that the US was legally obligated under the Geneva Conventions to exercise "present in" jurisdiction over perpetrators of grave breaches.
With heartfelt condolences. Never doubt the exceptional courage and selflessness of those who represent the
@ICRC
around the world during disasters and armed conflict. Please generously remember this pillar of the humanitarian community during your New Year's giving.
We are profoundly saddened that two of our colleagues were among those killed in Aden's airport explosion.
One other colleague is still unaccounted for.
This is a tragic day for many families in Yemen.
New Situations article in
@IntLawStudies
. In "Protection of Data in Armed Conflict" Prof Robin Geiss,
@Geneva_Academy
, and Dr. Henning Lahmann,
@h_lahmann
, present a new way to view the protection of data in armed conflict.
My daughter tells me she and her husband watched the first 20 minutes of the debate… and then decided to switch channels to The Great British Bake Off. I raised a wise kiddo! She has a degree in elementary education and therefore had seen it all before....
So now I have to spend my afternoon figuring out who it is so I never invite this person to anything I organize! One thing I’ve learned over the years is that great scholars are usually humble and respectful of others. And the opposite is often the case…
Just when I think I’ve seen it all in this line of work. French moderator insists on a prep call for a panel I’m speaking at, sees me on Zoom, then says “Why are you even in this arbitration panel? Who are you and what can you even know about climate change and arbitration?”
I could not agree more w/
@AdHaque110
. Arguing that there is no customary rule v. reprisals is increasingly unconvincing. As importantly, there is no military rationale for conducting them. The strategic cost to the United States of conducting a reprisal would be catastrophic.
The United States still claims the legal right to attack civilians, indispensable objects, and the natural environment as reprisals against its enemies.
The Biden Administration can change that. It should.
Enough is enough.
My latest
@just_security
My analysis of
@DutchMFA
ltr to Parliament on int'l law in cyberspace. Most robust statement by any state, it follows the French Min. of Armies doc on same subject. States are finally starting to speak out! See my
@just_security
&
@ejiltalk
posts for analysis of French position
Authoritative analysis from leading expert
@Schmitt_ILaw
on major Dutch contribution to international law in
#cyberspace
.
Topics include sovereignty, use of force, laws of war, human rights, attribution and responses to hostile cyber ops.
#cybersecurity
When does intelligence sharing trigger an international armed conflict between the State providing it & the State against which it is used?
@Schmitt_ILaw
@uniRDG_Law
proposes assessing four factors in determining the answer.
#UkraineSymposium
#IHL
#LOAC
Professor Yoram Dinstein was a giant of international law, especially with regard to the
#jusadbellum
and the law of
#armed
#conflict
.
@Schmitt_ILaw
remembers his mentor, critic, sounding board, and friend.
This is a comprehensive discussion of the legal issues that surface in large scale combat operations. I strongly recommend that all military advisors and anyone else who deals with such operations read it carefully and then disseminate it widely to their colleagues.
As I put together the reading for the syllabus for the IHL course that I'm teaching in November, I realise (again) how very male-dominated this field is. Hit me with your favourite articles, written by women scholars on COH, principles, detention, targeting, classification etc.
Some musings on the nature of IHL in the International Review of the Red Cross. (With appreciation to
@bdemeyereicrc
and his great team at the Review).
Obviously, I disagree with Adil for reasons explained in our longer
@IntLawStudies
piece. But I recommend reading his thoughtful thread carefully, as well as Martin Zwanenberg’s ILS piece on CA1. Serious lawyers consider all reasonable views
Skipping to the end:
There is no chance whatsoever that the Court would repudiate its 2004 opinion and almost two decades of state practice in the UNGA.
Germany chose its legal strategy wisely.
The facts are another matter.
6/6
New article in
@IntLawStudies
: In "The Plea of Necessity: An Oft Overlooked Response Option to Hostile Cyber Operations," Louise Arimatsu and Michael Schmitt (
@Schmitt_ILaw
) examine an overlooked way that States can respond to hostile cyber operations.