Self Defence

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The Killing of Soleimani, the Use of Force against Iraq and Overlooked Ius Ad Bellum Questions

  As most people know by now, the US killed Qassem Soleimani, head of the Iranian Quds force, in a drone strike on 3 January. Most commentators seem to agree that Soleimani’s killing was unlawful, but one issue has received less attention: the legality of using force against Iraq. The strike occurred in Baghdad, killing not only Suleimani but also five Iraqi nationals, including the leader and members of Kata’ib Hezbollah. This post examines the legality of the use of force against Iraq from a ius ad bellum perspective, arguing that a putative US claim to self-defense against Iraq stretches the doctrine of ‘unable or unwilling’ to breaking point.

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Iran Unlawfully Retaliates Against the United States, Violating Iraqi Sovereignty in the Process

  Today Iran launched a number of ballistic missiles against two US military bases in Iraq, in response to the US strike on Soleimani last week. As of now it is unclear whether the missiles caused any American or Iraqi casualties. Donald Trump will address the public in this regard in the morning today US time.

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The Soleimani Strike and Self-Defence Against an Imminent Armed Attack

  The US drone strike on Qassem Soleimani, one of the most important members of the Iranian leadership, raises many complex questions of international law. This post will examine the lawfulness of the strike from the standpoint of the law on the use of force. It will first set out the parameters of the US justification…

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The Killing of Soleimani and International Law

  On 3 January, missiles launched from a United States Reaper drone struck two vehicles leaving Baghdad’s international airport. At least seven people died in the attack, including the commander of Iran’s Quds force, General Qassem Soleimani. On 5 January, Iranian Major General Hossein Dehghan, reported to be the military adviser to Iran's Supreme Leader, gave an…

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The Diversity of Rules on the Use of Force: Implications for the Evolution of the Law

Last month, I had the pleasure and honour to deliver one of the keynote lectures at the Canadian Council of International Law Annual Conference. The theme of the conference was "Diversity and International Law" and I chose to speak about the diversity of rules on the use of force and the implications of that…

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