37 episodes

A podcast about the various legal regimes that govern the use of force and armed conflict - in short, the laws of war.

JIB/JAB Podcast JIB/JAB - The Laws of War Podcast

    • Society & Culture
    • 4.7 • 13 Ratings

A podcast about the various legal regimes that govern the use of force and armed conflict - in short, the laws of war.

    JIB/JAB - Episode 37: Martin and Hafetz on "Eye in the Sky"

    JIB/JAB - Episode 37: Martin and Hafetz on "Eye in the Sky"

    In a cross-posted episode I discuss with Jonathan Hafetz, host of the Law on Film podcast, and professor of law at Seton Hall Law School, the film "Eye in the Sky" - a 2015 film about a British and U.S. operated drone strike against al Shabaab terrorists in Kenya, which intelligently and engagingly explores the legal, ethical, philosophical, political, and strategic issues raised by the operation. We focus on and examine the film's treatment of the legal principles implicated, but also explore their relationship with some of the ethical and strategic aspects of the decision-making, and go on to place the movie in the context of some other engaging films that explore law in the context of armed conflict.
    For more information, including reading materials, visit our webpage at:
    https://jibjabpodcast.com

    • 1 hr 10 min
    JIB/JAB - Episode 36: Hakimi, Haque, and Milanovic on Self-Defense in Gaza

    JIB/JAB - Episode 36: Hakimi, Haque, and Milanovic on Self-Defense in Gaza

    A round-table discussion with Professors Monika Hakimi of Columbia Law School, Adil Haque of Rutgers Law School, and Marko Milanovic of Reading Univ. School of Law, on the question of whether Israel has a right of self-defense under Article 51 of the U.N. Charter in response to the Hamas attacks on October 7. The incident raises, and we explore, important questions about the scope of the prohibition on the use of force in Art. 2(4) of the U.N. Charter and its relationship with the right of self-defense under Art. 51 - does the prohibition apply to action against non-state actors in occupied territory, and if not does Art. 51 operate? And is there a right of self-defense against non-state actors at all?. We also discuss how the status of Gaza and whether it is part of a state of Palestine alters the analysis, as well as whether and how the right of self-determination relates to the jus ad bellum regime in this context, and how the principle of proportionality in the doctrine of self-defense should best be interpreted in this context. It is a fascinating discussion with some of the foremost experts in the field. For more information and links to the readings referred to, visit our website at:
    https://jibjabpodcast.com.

    • 1 hr 25 min
    JIB/JAB - Episode 35: Dannenbaum on Sieges, the War Crime of Starvation, and Gaza

    JIB/JAB - Episode 35: Dannenbaum on Sieges, the War Crime of Starvation, and Gaza

    A discussion with Tom Dannenbaum, a professor of international law at The Fletcher School at Tufts University, on his work on the war crime of starvation. We delve into the proper interpretation of the IHL prohibition on starvation as a method of warfare, and the war crime of intentionally using starvation of civilians as a method of warfare in the Rome Statute of the ICC, considering what precisely constitutes the criminal act, and what exactly is the nature of the wrong that the crime seeks to address. We go on to discuss how this should inform our understanding of the Israeli siege of Gaza. For more info and links to the materials, visit our website at:
    https://jibjabpodcast.com

    • 1 hr 16 min
    JIB/JAB - Episode 34: O'Meara - Necessity and Proportionality in Self-Defence

    JIB/JAB - Episode 34: O'Meara - Necessity and Proportionality in Self-Defence

    A discussion with Chris O'Meara, Lecturer at Exeter University Law School, about his new book, "Necessity and Proportionality and the Right of Self-Defence In International Law." Chris explains his novel taxonomy for the principle of necessity, and how the relationship among necessity, proportionality, and imminence should be properly understood, and we delve into some of the potentially controversial claims he makes, on how necessity operates as a limiting principle, where the gravity threshold should be for for armed attack, whether the principles of self-defence are modified in responses to non-state actors, why the assertions and actions of a minority of powerful states should be considered so heavily in thinking about custom, and so much more! A fascinating conversation.
    For more info and links, visit our webpage: https://jibjabpodcast.com

    • 1 hr 13 min
    JIB/JAB - Episode 33: Provost on Rebel Courts

    JIB/JAB - Episode 33: Provost on Rebel Courts

    A conversation with René Provost, professor of law at McGill University, Faculty of Law, in Montreal, about his recent book "Rebel Courts: The Administration of Justice by Armed Insurgents." We discuss the methodology he employed in researching this deep and rich ethnography of rebel courts in conflicts ranging from Afghanistan, Iraq and Syria, to Sri Lanka, Colombia, and the DRC. We discuss how he assesses the legality of insurgents' administration of justice, how the very idea of rebel courts challenges many conceptions of law and justice, and the ways in which rebel administration of justice actually conforms to many aspects of the rule of law. It is a fascinating discussion that ranges from legal anthropology and legal theory to certain technical aspects of IHL and human rights law.
    For more info and links, visit our webpage: https://jibjabpodcast.com

    • 1 hr 20 min
    JIB/JAB - Episode 32: Boyd Van Dijk on the Making of the Geneva Conventions

    JIB/JAB - Episode 32: Boyd Van Dijk on the Making of the Geneva Conventions

    A conversation with Boyd van Dijk, currently a McKenzie Fellow at the University of Melbourne in Australia, about his new book, Preparing for War: The Making of the Geneva Conventions. We discuss some of the myths surrounding the history of the conventions, as well as the tensions and conflicts not just between parties to the negotiations, but also within delegations, caused by conflicting interests, values, and paradoxes within their positions. We dig into the weeds of some of the different aspects of the negotiations, and discuss why this history should matter to how we think about and understand the operation of the conventions today. A fascinating conversation!
    For more info, visit our website at: https://jibjabpodcast.com

    • 1 hr 4 min

Customer Reviews

4.7 out of 5
13 Ratings

13 Ratings

jpalm65 ,

Fan of the podcast

As a law student, I’ve found this podcast extremely useful in framing complicated issues related to the laws of war. Fascinating, in depth discussion of topics that are briskly covered in the law and war curriculum. Plus the host’s occasionally perceptible Canadian accent makes for good interviewing.

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