National Security Law Today

News Roundup: Israel, Gaza, and the Law of Armed Conflict with Judge James Baker


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The world watches as the war between Israel and Hamas continues, claiming thousands of lives and leaving many questioning the motives and methods of those in charge. Do Israel's recent retaliations still fall within the Law of Armed Conflict? This week, host Elisa is joined by Judge James Baker to review the global frameworks at play and discuss whether recent actions are in violation of these governing principles.

Hon. James E. Baker is Director of the Syracuse University Institute for Security Policy and Law, and Professor at the Syracuse College of Law and the Maxwell School of Citizenship and Public Affairs:

https://drive.google.com/file/d/14GzhX1dFLAEgvKJ10up6RFHM2QS4qtfI/view?usp=share_link

References:

The Law of Armed Conflict, Basic Knowledge. International Committee of the Red Cross:

https://www.icrc.org/en/doc/assets/files/other/law1_final.pdf

The Geneva Conventions:

https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf

The Law of War Manual. The U.S. Department of Defense:

https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190

Separate Opinion of Judge ad hoc Barak. International Court of Justice. Jan. 26 2024:

https://www.icj-cij.org/node/203452

A Guide to the Memos on Torture. The New York Times:

https://archive.nytimes.com/www.nytimes.com/ref/international/24MEMO-GUIDE.html?_r=

National Security Memorandum on Safeguards and Accountability With Respect to Transferred Defense Articles and Defense Services. The White House. Feb. 8 2024:

https://www.whitehouse.gov/briefing-room/presidential-actions/2024/02/08/national-security-memorandum-on-safeguards-and-accountability-with-respect-to-transferred-defense-articles-and-defense-services/

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