Articles of War

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...

Pushing Boundaries: Domestic Courts and Legislatures as the New Laboratory for War Crimes Law - Lieber Institute West Point Conventional international law is silent regarding the obligations of States to address violations of IHL by criminal enforcement.

Harmen van der Wilt and Lachezar Yanev explore in their post universal jurisdiction, prosecuting war crimes, and the role domestic courts and criminal enforcement can play in addressing violations of IHL. lieber.westpoint.edu/pushing-boun...

Military Animals in Armed Conflict - Lieber Institute West Point Technology has reduced reliance on animals on the modern battlefield, but military animals do continue to play a role in armed conflict.

Although there is growing interest in providing military animals with greater protection in wartime, the lex lata of armed conflict regards animals as objects and property, explains Ronald Alcala. lieber.westpoint.edu/military-ani...

Laws of Yesterday’s Wars Symposium – Somali Traditions of Restraint - Lieber Institute West Point Long before formal statehood, Somali society developed a detailed and durable system for regulating violence.

Long before formal statehood, Somali society developed a detailed and durable system for regulating violence constructed on customary law, collective responsibility, and oral authority rather than codification, explains Ayan Ali. lieber.westpoint.edu/somali-tradi...

The Terminological Architecture of the Jus in Bello: Law, Language and Warfare - Lieber Institute West Point The language governing the conduct of hostilities is not a static collection of synonyms but a dynamic field of ideological contestation.

The transition from the classical “law of war” to the modern “IHL” represents more than a linguistic evolution; it signifies a profound shift in the conceptualization of warfare, moving from a State-centric model to a person-centric model, argues Emily Crawford. lieber.westpoint.edu/terminologic...

Laws of Yesterday’s Wars Symposium – Jewish Ethics of War in the Torah - Lieber Institute West Point The Torah contains one of the earliest coherent attempts to regulate the use of force within a structured legal and moral framework.

The Torah’s enduring relevance lies not in its replication within modern law, but in its demonstration that the impulse to limit violence is ancient, cross‑cultural, and deeply embedded in human societies, argues Norman Solomon. lieber.westpoint.edu/jewish-ethic...

Laws of Yesterday’s Wars Symposium – Hittite Laws of War - Lieber Institute West Point The Hittite Empire reveals a civilisation that viewed war as a legal, moral, and religious act, far from unrestrained violence.

Hittites created one of the earliest durable systems of regulated warfare. Their treaties, laws, and ritual obligations demonstrate that humanitarian norms emerged independently across multiple civilisations, argues @rorycox.bsky.social . lieber.westpoint.edu/hittite-laws...

Biological Weapons: Why Strengthening the BWC Matters Now - Lieber Institute West Point This post provides a brief introduction to biological weapons, their prohibition, BWC, and the issues currently faced.

Today’s era of rapid scientific breakthroughs, potential dual-use technologies, and shifting geopolitical landscapes calls for strengthening the #BWC to allow it to effectively respond to current challenges, argues Barry de Vries. lieber.westpoint.edu/biological-w...

Laws of Yesterday’s Wars Symposium – Introduction - Lieber Institute West Point Laws of Yesterday's Wars Volume 4 draws together six chapters spanning the ancient Near East and sub-Saharan Africa.

Laws of Yesterday’s Wars Vol 4: From Mesopotamia to Somalia draws together 6 chapters spanning the ancient Near East & sub-Saharan Africa. As Sam White explains, the result is a collection that speaks to lived experience of communities & doctrines they produced. lieber.westpoint.edu/laws-of-yest...

How Lessons Learned from the CCW Can Help Guide the Regulation of AWS - Lieber Institute West Point Convention on Certain Conventional Weapons (CCW) is not a theory of regulation; it is a record of what has worked, what has failed, and why.

For #AWS the central issue is not whether IHL “applies". The question is whether States will do what arms control has required before: set durable, weapon-specific constraints before battlefield practice hardens into a new baseline, argues Natalie Nunn. lieber.westpoint.edu/how-lessons-...

The ICJ Obligations of Israel Advisory Opinion - Mass Deprivation and Preventive Protection - Lieber Institute West Point This post addresses a more structural concern of the advisory opinion: how international law conceptualizes situations of mass deprivation

How does international law conceptualize mass #deprivation? In the ICJ’s 2025 AO on Israel’s obligations in the OPT, Tamar Luster argues that reliance on extreme factual indicators turns an early-warning standard into a post-catastrophe label. lieber.westpoint.edu/mass-depriva...

Of Evolving Belligerent Occupation Law: Old “Hague” Occupation and New “Geneva” Occupation - Lieber Institute West Point The ICJ’s recent jurisprudence has ushered in a new dual régime of occupation: Hague Occupation and Geneva Occupation.

The ICJ’s recent jurisprudence has ushered in a new dual régime of #occupation: Hague Occupation, for “on-the-spot” control; and Geneva Occupation, for “activities” control. Robert Kolb explains how each one of these limbs complements the other. lieber.westpoint.edu/evolving-bel...

Gamifying War: Reward Incentives and “Outlawry” in Armed Conflict - Lieber Institute West Point This post discusses the concept of outlawry and examines whether Russian and Ukrainian rewards programs are a form of prohibited outlawry.

Ronald Alcala discusses the concept of #outlawry in armed conflict & examines whether Russian & Ukrainian rewards programs that offer monetary & other incentives for the killing of enemy soldiers are a form of prohibited outlawry under international law. lieber.westpoint.edu/gamifying-wa...

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...

Lexical Imperfections in the Hague Regulations of 1907 - Lieber Institute West Point The drafting of the Hague Regulations leaves many gaps and contains many lexical defects which give rise to uncertainties.

Although the 1907 #HagueRegulations represented the first reasonably general codification of the law of war in modern times, they left multiple questions unresolved. In his post, Robert Kolb analyzes the lexical imperfections of the Hague Regulations.
lieber.westpoint.edu/lexical-impe...

Intelligence Wars: Sabotage in the Shadows of Conflict - Lieber Institute West Point Sabotage has suddenly gained a high profile in international dialogue about conflict, especially in the context of "grey zone" conflict.

Sabotage, while legally ill-defined, remains a feature of #armedconflict in the 21st century. Kenneth Watkin argues that #sabotage requires a sufficiently broad definition that reflects the complexity of such operations. lieber.westpoint.edu/intelligence...

The Law of Neutrality in Situations of Belligerent Occupation - Lieber Institute West Point A less frequently addressed question concerns the applicability of the law of neutrality when a situation of occupation arises.

Does the law of neutrality apply when a situation of #occupation arises? Benjamin Meret addresses the threshold for application of neutrality, categorizes a range of situations involving belligerent occupation & assesses whether neutrality applies to each. lieber.westpoint.edu/law-neutrali...

Klaudia Klonowska discusses the conclusions of the workshop that explored under-researched trilateral relationship between AI, cyber, and international law.

The Impact of AI-Enabled Capabilities on the Application of International Law in the Cyber Domain - Lieber Institute West Point This post describes the proceedings and conclusions of a workshop focusing on the emerging applications of AI in military cyber operations.

Recently, a workshop organized by Army Cyber Institute and the Netherlands Defense Academy highlighted rapid developments in #AI-enabled #cyberattacks and examined the challenges they pose to the application of international legal obligations in armed conflicts. lieber.westpoint.edu/impact-ai-en...

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-...

Year Ahead 2026 - The Law of Cyber Operations - Lieber Institute West Point In 2026, the law governing cyber operations in armed conflict is unlikely to undergo dramatic change, as existing trendlines will persist.

In 2026, States will continue to affirm that IHL applies to #cyberops conducted during #armedconflict. Yet its practical influence on State behavior is likely to be limited as cyber ops become more strategic & more deeply integrated with AI, argues Jeffrey Biller lieber.westpoint.edu/law-of-cyber...

Fionnuala Ní Aoláin recounts Prof Françoise Hampson’s work regarding the Turkey-PKK conflict and the relationship between IHL and #IHLR.

In Honor of Françoise Hampson - The Early Interface of IHL and Human Rights: Lessons from the Frontlines of Turkish Litigation - Lieber Institute West Point ECtHR has studiously avoided opining on the interface of human rights and international humanitarian law (IHL).

It is a well-observed truism that despite early decades of human rights jurisprudence from the #ECtHR addressing ongoing #armedconflicts, the Court has studiously avoided opining on the interface of #humanrights and #IHL. lieber.westpoint.edu/early-interf...

Year Ahead 2026 – Poisoned Wells Before The War - Lieber Institute West Point This post offers reflections on data poisoning in 2026, which exposes a misalignment between strategic competition and the structure of IL.

Data poisoning will continue to occur in peace & in war. During #armedconflict, #IHL regulates its effects. But the decisive legal challenge lies earlier, argues Sam White. lieber.westpoint.edu/poisoned-wel...

Reciprocity Without Retaliation: Rethinking Fairness in the Laws of War - Lieber Institute West Point Reciprocity can signify recognition; the basic acknowledgement that an adversary is a moral and legal subject capable of restraint.

#Reciprocity can signify recognition; the basic acknowledgement that an adversary is a moral and legal subject capable of #restraint and that mutual commitment sustains the legitimacy of law, argues Bryan Peeler.
lieber.westpoint.edu/reciprocity-...