What's happening? | Dr Aurel Sari

2017 December

Leuven Manual on the International Law of Peace Operations

Tags: ISMLLW, peace support operations, research project|

In 2017, the International Society for Military Law and the Law of War published the Leuven Manual on the International Law of Peace Operations. The Manual is designed to provide an authoritative restatement of the law applicable to peace operations. The Manual consists of 145 ‘black-letter rules’ and their accompanying commentary. These rules reflect the consensus of the participating experts and were drawn up with the input of observers from the United Nations, the International Committee of the Red Cross, NATO, the EU and other regional organisations and arrangements.

2017 December

Is it lawful to destroy the enemy?

Tags: law of armed conflict, targeted killing, targeting|

“A dead terrorist can’t cause any harm to Britain,” said the Secretary of State for Defence Gavin Williamson in a Daily Mail interview in December 2017. “I do not believe that any terrorist, whether they come from this country or any other, should ever be allowed back into this country,” he continued. “We should do everything we can do to destroy and eliminate that threat.” Mr Williamson’s comments sparked widespread consternation in the UK press, having been condemned as contrary to international law. In this post, published on Lawfire, Michael Schmitt and I examine whether this really is the case.

2017 December

Legal Resilience in an Era of Hybrid Threats

Tags: conference, Hybrid CoE, hybrid warfare, lawfare|

It has been a busy few months since the start of the term in September. I have spent some of this time discussing my research on the legal aspects of hybrid warfare with professional and academic colleagues. On 13 September 2017, I spoke before an audience of military and civilian legal advisors in Stuttgart

2017 December

ARRCADE FUSION 17

Tags: ARRC, exercise, law of armed conflict, NATO, operational law|

ARRCADE FUSION 17

2017 October

Was the drone strike on IS recruiter Sally Jones lawful?

Tags: drones, law of armed conflict, targeted killing|

Sally Jones, a British member of Islamic State (IS), was reportedly killed by a US drone strike in June 2017 inside Syria. Her 12-year-old son, JoJo, is believed to have been killed alongside her. In news reports about the strike, which has come to light only recently, there has been confusion about the legal framework governing the operation. An article in the Guardian assessed its legality in light of the rules governing the use of force, which determine under what circumstances states may use force in international relations. However, whether or not Jones and her son were lawful targets depends on an entirely different body of law, known as the law of armed conflict – or international humanitarian law – which regulates the conduct of hostilities once an armed conflict has come into existence. In this post, I briefly consider what the law of armed conflict has to say about the strike.

2017 October

ECIL co-hosts international conference in Bruges

Tags: conference, ECIL, ISMLLW, law of armed conflict|

On 20-22 September 2017, the Exeter Centre for International Law supported the International Society for Military Law and the Law of War, together with the University of Melbourne, in hosting a conference in the beautiful city of Bruges in Belgium. The conference brought together legal experts and practitioners from around the world to address

2017 October

Law as an asymmetric capability

Tags: conference, hybrid warfare, lawfare|

I am re-posting a news item from the Exeter Centre for International Law: ‘Law is an asymmetric capability’ was the message that Dr Aurel Sari conveyed at two international conferences last month. Speaking on 13 September 2017 before an audience of military and civilian legal advisors in Stuttgart (Germany), Dr Sari offered an overview

2016 December

Writing on the Wall: The Format of the Article 50 Notification

Tags: EU law, Treaty of Lisbon|

Does a notice to withdraw from the EU pursuant to Article 50 TEU have to be in written form? The Treaty of Lisbon has left this question open. In its second paragraph, Article 50 TEU declares that a ‘Member State which decides to withdraw shall notify the European Council of its intention.’ Nothing in this passage dictates that the notice has to be made in writing, yet nothing indicates that it may not be made in writing either. However, three points should be borne in mind in this context.

2016 October

The UK’s New Derogation Policy for Armed Conflicts: Making a Success of the ECHR?

Tags: ECHR, human rights, operational law|

Speaking at the annual conference of the Conservative Party on October 4, U.K. Defence Secretary Michael Fallon sought to reassure Britain’s nervous allies and the general public about the implications of Brexit. Leaving the European Union, he said, “does not mean we are stepping back from our commitment to the security of our continent.” The

2016 September

EJIL:Talk post on Reprieve, ‘Kill Lists’ and Human Rights Advocacy

Tags: law of armed conflict, lawfare, targeted killing|

Earlier this year, human rights charity Reprieve published a report entitled ‘Britain’s Kill List. In its report, Reprieve claims to reveal shocking proof that exposes the involvement of the British Government in a global assassination project. In particular, Reprieve alleges that the British Government has been complicit in preparing and executing a ‘kill list’ for

What’s happening?

Gerd Oberleitner