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Articles by Charlie Dunlap
U.S. Navy's Attack on IRIS Dena Complied with the Law of Naval Warfare
U.S. Navy's Attack on IRIS Dena Complied with the Law of Naval Warfare Following the sinking of the IRIS Dena, some critics claimed the attack on the Iranian warship was illegal. That struck me as plainly wrong ...
Bill Knightly reviews Ken Burns’ documentary “The American Revolution”
Today, my friend Bill Knightly treats us to a review of Ken Burns’ new documentary, The American Revolution. As a historian with special expertise in the Revolution, Bill offers fascinating insights into a film he calls a “historical gem.” Here’s Bill: Review of Ken Burns’ Documentary The American Revolution By Bill Knightly The latest Ken Burns documentary The American Revolution concluded its debut on public television this past Nov 21st.
Summer 2025 Reading Recommendations!
Summer is a great time to catch up on your reading! Vacations can provide some time to do the book reading that most Americans (as we’ll see below), want to do (but may not get around to actually doing). Anyway, here are some suggestions for your consideration. I’ll start with a truly must-read book that was discussed in a recent post: retired Admiral Jim Stavridis’ new volume, The Admiral’s Bookshelf. Another Stavridis book I’m recommending is The Restless Wave: A Novel of the United States Navy.
An excerpt of ADM Jim Stavridis’ must-read book: “The Admiral’s Bookshelf”
In the process of putting together my summer reading recommendations, I realized there is a truly must-read book that hasn’t appeared on any of my prior lists: retired Admiral Jim Stavridis’ new volume, The Admiral’s Bookshelf. I’ve always been a fan of ADM Stavridis’ writings (we were classmates at the National War College and he is, literally, the smartest person I’ve ever met in the service), but this one is very special.
Is independent, nonpartisan legal advice from military lawyers on the chopping block?
Last night’s announcement that the Administration is “requesting nominations for the Judge Advocates General for the Army, Navy and Air Force” is unprecedented in my memory and is, frankly, very disturbing as it implies the existing senior military lawyers are about to be fired, en masse.
Yes, the law of military orders matters, and here’s how
In recent weeks, professors from four U.S. military institutions have expounded on what is in essence the law of military orders (even if they don’t acknowledge it as such). Decide for yourself, but I found each writing could leave readers with misimpressions as to how military law works. It’s time to set the record straight before military members find themselves in real legal trouble.
Brian Cox on “The Al-Ahli Hospital Explosion in Gaza Indicates International Law Is the First Casualty in War (Part II)
Today we are treated to Part II of Brian Cox’s extremely important essay which concludes that we may be seeing the “death of international law involving armed conflict.” As you‘ll recall from Part I, Brian is explaining his rationale for his “bold” and “provocative” conclusion that “truth has now been displaced by the law as the first casualty in war.” Again, Part I can be found here.
Brian Cox on “The Al-Ahli Hospital Explosion in Gaza Indicates International Law Is the First Casualty in War (Part I)”
Today’s post by Lawfire® contributor Brian Lee Cox is an especially important one as he explains why we may be seeing the “death of international law involving armed conflict.” In a two-part essay Brian carefully explains the rationale for his “bold” and “provocative” conclusion that “truth has now been displaced by the law as the first casualty in war.” I found Brian’s essay to be one of the most thoughtful – and important – pieces I’ve read in a long time.
Why Israeli operations in Gaza are legally complex
A few days ago Tom Vanden Brook, a USA Today journalist contacted me regarding targeting issues the Israelis face in their Gaza operations. His article, “Biden’s told Israel to ‘operate by the rules of war.’ But a ground invasion is bloody, fraught and expensive” appeared this morning, and I highly recommend it to you.
Five ideas to counter Hamas’ lawfare strategy…and why
On October 7 the world witnessed yet another horrific tragedy when the terrorist organization Hamas conducted a savage surprise attack on Israel. The casualties have been substantial. NBC News says that as of October 15: More than 2,450 people have been killed in Gaza and 9,200 have been injured. In Israel, 1,400 people have been killed and 3,500 have been wounded.
Don’t be misled: a commanding majority of Americans still solidly trust the military
Some pundits, academics, and others have long been insisting that U.S. civil-military relations are in “crisis” a claim which, as Rosa Brooks has noted, is a “a recurring feature of American politics”. They will no doubt believe they have found succor in the recently released Gallup Poll showing that the percentage of Americans who had a “great deal” or “quite a lot” of confidence in the military fell to 60%, the lowest since the Clinton Administration (1997).
Guest Post: Geoff Corn on “The United States and Iran are in an Armed Conflict, and it is Time to Act Accordingly”
Today’s guest post by my friend Professor Geoff Corn could not be more timely. He addresses the legal dimension of the U.S.’ strikes following the latest attacks from groups affiliated with Iran against U.S. and coalition forces (who are in Syria to battle the remnants of the Islamic State).
Remembering Dr. David E. Johnson, USA (Ret.), a man who truly made a difference
It is with very deep sadness that I report the passing of Dr. Dave Johnson.
Is attacking the electricity infrastructure used by civilians always a war crime?
Since Russia’s grotesquely illegal invasion of Ukraine last February, experts have detailed the failures, incompetence, and savagery of its military. In that context, consider this disturbing new report from CNBC: “Since Oct.
Guest post: David Schanzer on the “U.N. vote against debating China’s atrocities in Xinjiang is a devastating blow to democracy”
Today is another edition of an occasional feature of Lawfire®, the cross-posting of interesting scholarship from other sources. Today’s essay by Duke University professor David Schanzer is republished with his permission from his Substack site, Perilous Times. Information about subscribing to Perilous Times can be found here.
Law and the killing of a Russian propagandist: Some Q & A
Can a person identified as a journalist or political commentator who nevertheless spreads hateful propaganda and disinformation be legally targeted in war? That is one of many questions to be considered following the recent killing of a Russian nationalist.
Guest Post: Sqn Ldr Tara Brown on “The Problem of Responding to Subthreshold Threats in Outer Space”
Today I am extremely pleased to introduce a new contributor to Lawfire®, Squadron Leader (Sqn Ldr) Tara Brown of the Royal Air Force. Sgn Ldr Brown is currently working towards her PhD while teaching at the U.S. Naval War College where she specializes in space law.
Four Reasons Why the Student Loan “Forgiveness” Program Harms National Security
Monday’s announcement by the Congressional Budget Office that President Biden’s student loan ‘forgiveness’ program will cost a whopping $400 billion has left many commentators aghast. Curious as to how this will harm national security?
Dr. Dave Johnson on “Is the Virtue in the Weapon or the Cause?”
Today’s guest post is by Dr. Dave Johnson, a retired Army colonel and a principal researcher at the RAND corporation who you may remember from his post last May on the war in Ukraine (an essay which has proven to be amazingly prescient). In his current post Dave, writing in his personal capacity, addresses the recent decision by the Administration to ban anti-personnel landmines (except in Korea) even though the previous U.S. policy fully complied with domestic and international law (see here).
Guest Post: Ben Kastan, Duke Law ’12, on “How to be a cyber lawyer”
I’m very pleased to tell you that today’s post is by Ben Kastan, Duke Law Class of 2012, whose career as a cyber lawyer has enjoyed enormous success as he is now the Associate General Counsel for Cybersecurity at the National Security Agency. What Ben shares with us is invaluable. He explains what a “cyber lawyer” actually does in the real world, both in government and in the private sector. He also talks about his own journey, and provides aspiring cyber lawyers with very practical advice.
Dr. Bruce Jentleson on Nicholas Mulder’s “The Economic Weapon: The Rise of Sanctions as a Tool of Modern War”
I am really excited about today’s guest contributer:Dr. Bruce Jentleson, the William Preston Few Distinguished Professor of Public Policy at Duke University’s Sanford School. This is a world-renowned scholar whose bio below is way too modest (check out the longer version here).
Guest Post: Geoff Corn on “War Accountability and the Elusive Objective of Objectivity”
Today’s post is by my friend and – really – mentor, Professor Geoff Corn of Texas Tech University School of Law. Geoff deftly addresses an important issue as we view the terrible consequences of the war in Ukraine, that is, that the “presence of damage to civilian structures or death or injury to civilians does not alone constitute a war crime.” Geoff warns that an “effects based” analysis can lead us astray as culpability for war crmes requires more than injury to civilians or civilian objects.
Dr. Frank Hoffman on “Defining and Securing Success in Ukraine”
What is the way forward in the Ukraine crisis? In today’s post Dr. Frank Hoffman joins us again to discuss that very question in his thoughtful but extremely candid way.
Dr. Dave Johnson’s warning on brute force in the Ukraine: “This is What the Russians Do”
Today’s guest post is by Dr. David E. Johnson, a retired Army colonel and a principal researcher at the RAND corporation. After reading his essay I am coming around to idea that the President’s $33 billion request for aid to the Ukraine may just be a down payment on what could be a costly, savage war of attrition in the months (years?) to come. I fear the suffering of the Ukrainian people is far from over. Why? Dr. Johnson gives us his candid – and grim – perspective of the conflict.
Orde Kittrie on “How to Include Far More Lawfare Ammunition in Next UN General Assembly Resolution on Russian Invasion”
Today’s post is by Professor Orde Kittrie, and he makes a very interesting addition to our essays related to the war in the Ukraine by examining the UN General Assembly (UNGA) resolutions addressing the conflict. These resolutions “are considered to be recommendations and are not legally binding on the Member States,” but are still influential. Professor Kittrie unpacks the two UNGA resolutions about the war, identifies some deficiencies, and advocates a third resolution to correct them.
Could Putin Wage Cyberwar Without Using Cyber Weapons?
Recently the President warned business leaders that Russia has “a very sophisticated cyber capability” and “may be planning a cyberattack against us.” I agree, but I also think any such cyber-attack may not necessarily be conducted via the hacking/malware weaponry with which many people have become familiar.
The Ukraine crisis and the international law of armed conflict (LOAC): some Q & A
With intense fighting underway in the Ukraine, this post in our series is designed to give brief answers to some law of armed conflict questions this invasion and subsequent crisis has generated. They are by no means full dissertations on often complicated applications of the law, but will—hopefully—help you get started with your own assessment. Do the Geneva Conventions apply?
Two misguided ideas that imperil America’s nuclear deterrence
As the Supreme Court tells us, “no governmental interest is more compelling than the security of the nation.” Unfortunately, two prominent civilians – William Perry and Ambassador Thomas Graham – have each proposed separate changes to America’s nuclear deterrence policy that could put the security of not just our country, but also the world, in existential peril.
The dawn of America’s latest (“forever”?) conflict: the Over-the-Horizon War of 2021
Ending a “forever war?” Forget it. It seems we are now embarking upon a new conflict, and one that—even if successful—will be difficult, long, and costly: the Over-the-Horizon (OTH) War of 2021. In this second installment of our series analyzing the Afghanistan disaster (see Part 1 here) , let’s unpack the implications of some of President Biden’s recent statements about his intention to use OTH capabilities against terrorists.
LENS Essay Series: “Use of Force in the 21st Century: Does Neurological Enhancement Change the Use of Force Equation?”
Can science enable soldiers to become not just superior warfighters, but also people better equipped to make legal and moral judgements about the use of force? That’s the intriguing question addressed in today’s post which is the latest addition to LENS’ online Essays on Law, Ethics and National Security Series.
ADM Jim Stavridis on the summer’s must-read book: “2034: A Novel of the Next War”
Want a really important (yet also entertaining) summer read? I’d recommend 2034: A Novel of the Next War, a new bestseller penned by my war college classmate and retired NATO commander Admiral Jim Stavridis, along with Marine combat veteran Elliott Ackerman. Frankly, this is a book that specifically intends its readers to find it seriously disturbing…but that’s actually the reason it’s so important. As unsettling as the book is, it is one you really need to read.
Gen Mattis on law, lawyers, law school, and the commanders’ role in military justice
Former Secretary of Defense and retired Marine Corps general Jim Mattis made his views clear about the importance of a commander-centric military justice system earlier this year when he spoke at our 2021 Center on Law, Ethics, and National Security Conference. In addition, he had very interesting observations (and critiques!) about the law, lawyers, and even law school. A video of my full conversation with this extraordinary American is found here.
“Out to Sea with the CCP: A Contemporary Example of Lawfare with China”
Today’s guest post is by Lt Col Charles J Gartland who is the Law Chair Director at the U.S. Air Force Judge Advocate General’s School. He addresses a subject near and dear to me: lawfare. In particular, he gives us an excellent overview of lawfare as implemented by China, and then dissects it in the context of China’s actions in the South China Sea. This is the first in what I hope to be a series by Lt Col Gartland.
Concerned about cybersecurity? Hear from top experts at this week’s LENS Conference!
by Charlie Dunlap, J.D. · 22 February 2021 If you are concerned about cybersecurity, don’t miss this coming Saturday morning at the LENS Conference! We have a panel of, literally, the nation’s top experts to bring you up to speed.
Can troops be ordered to take the COVID vaccine? A guest post analyzes the law
At a news conference shortly after General Lloyd Austin was confirmed as Secretary of Defense, the U.S. Department of Defense (DoD) announced that he “firmly established that combatting the pandemic is his number one priority.” Yet despite that apparently overarching concern, DoD has not required military personnel to take the COVID vaccine that the Commander-in-Chief is trying to get all Americans to receive. Why?
Duke Law’s Kristen Casey reviews: “Burn-In: A Novel of the Real Robotic Revolution”
Today’s post is by my brilliant research assistant Kristen Casey.
Not a campaign prop: avoiding politicizing the military in a hyper-partisan election season
As readers may recall, we’ve talked a number of times about civil-military relations, and the importance of keeping the military nonpartisan (see e.g., here, here, and here). Alex Ward, a reporter for Vox, asked me about the brief appearance of some uniformed troops at the nominating conventions of both parties, and the risk of politicization of the armed forces. His excellent article (“US troops aim to stay out of partisan events.
Guest Book Review: “Hunting The Caliphate: America’s War on ISIS and the Dawn of the Strike Cell”
In today’s post I’m very pleased to present Adrienne Jackson’s review of “Hunting The Caliphate: America’s War on ISIS and the Dawn of the Strike Cell” by retired Army Major General Dana Pittard and retired Air Force Master Sergeant Wes J. Bryant. As Lawfire® readers may recall, I recommended the book for summer reading in the post “Your 2020 summer reading and listening list! (And it’s curated for those who may be new to the national security enterprise!)“.
Were Confederate soldiers tried for treason?
Many today might be curious why more Confederates weren’t charged, let alone tried, for treason. The discussion of treason relative to Confederate soldiers is one that found its way back to Congress this summer in a discussion over renaming military bases.
Mackenzie Eaglen on “5 Lessons the U.S. Military Learned From the Pandemic”
Today’s guest essayist is my friend Mackenzie Eaglen from the American Enterprise Institute. One of the nation’s top analysts of defense issues, she explores lessons the U.S. military has already learned from the pandemic. (I would suggest they are lessons any organization ought to want to learn.) Importantly, she indicates that in order to benefit from these lessons-learned, they need to be incorporated into the Department of Defense as an institution.
Rename our military installations…and do it now
At exactly the point where the nation doesn’t need any more divisiveness in the wake of the George Floyd tragedy, a truly unnecessary dispute has erupted as the President has announced he wouldn’t even consider renaming military bases carrying a designation of a Confederate general. Apparently, the President mistakenly believes that doing so would amount to tampering with U.S. history and be disrespectful of the military. I strongly disagree; we need to rename the bases, and do it now.
Mobilizing the military for domestic operations: some legal considerations
In a speech Monday evening, President Trump declared “All Americans were rightly sickened and revolted by the brutal death of George Floyd” and said he was “mobilizing all available, federal resources, civilian and military, to stop the rioting and looting to end the destruction and arson and to protect the rights of law abiding Americans.” Let’s unpack this a bit, and examine some legal considerations gleaned from prior Lawfire® posts and other sources.
Guest Post: “Using Digital Surveillance To Combat COVID-19: What the 9/11 Era Can (and Cannot) Teach Us”
Today’s post is by my colleague, Prof Shane Stansbury, and his post could not be more timely: can technology be used to facilitate contact tracing in a way that gives public health authorities the information that need to stem the COVID-19 pandemic, and at the same time protect civil liberties? Is there anything to be learned from the post-9/11 surveillance efforts? Shane is the Robinson Everett Distinguished Fellow in the Center and a Senior Lecturing Fellow at the Law School.
Your 2020 summer reading and listening list! (And it’s curated for those who may be new to the national security enterprise!)
Thinking about your summer (or, perhaps, your “lockdown”) reading (and listening) plans?
Why militarizing the coronavirus response is a bad idea…for now anyway
With rattled governors calling out the National Guard, politicians demanding the mobilization of the military, pundits characterizing the coronavirus emergency as a national security threat, analysts claiming that “battling a pandemic is a job for the military,” and even talk of “martial law”, the pressure is growing to further militarize the coronavirus response. In a sense, this is understandable given the high-standing of the military in the eyes of the American people.
The killing of General Soleimani was lawful self-defense, not “assassination”
Troops headed to the Middle East, January, 2020 Today a news reporter asked whether the killing of General Qasem Soleimani, who led the Islamic Revolutionary Guard Corps-Quds Force (a U.S.-designated terrorist organization), amounted to “assassination” as proscribed in Executive Order (EO) 12333. In a word “no”; rather, based on the facts we currently have, it was a legitimate act of self-defense under international law.
Clarifying the Scope of the Legal Profession’s Ethical Responsibilities: A Response to John Bies
John Bies’s Sept. 30 post (“Giuliani Cannot Rely on Attorney-Client Privilege to Avoid Congressional Testimony”) is informative but doesn’t quite explain the full scope of a lawyer’s confidentiality responsibilities, nor does it address the implications of Congress compelling an attorney to breach them.
Clarifying the Scope of the Legal Profession’s Ethical Responsibilities: A Response to John Bies
John Bies’s Sept. 30 post (“Giuliani Cannot Rely on Attorney-Client Privilege to Avoid Congressional Testimony”) is informative but doesn’t quite explain the full scope of a lawyer’s confidentiality responsibilities, nor does it address the implications of Congress compelling an attorney to breach them.
Why an apolitical military is so important in an era of an “All-Volunteer” force
Earlier this month Military Times reporter Kyle Rempfer asked me for comment about a recent case where an Army National Guard officer, in uniform and at a campaign rally, gave a “visibly emotional” but full-throated endorsement of a candidate for the Democratic Party’s nomination for President. Kyle ultimately used quite a bit of what I gave him in his excellent article, but I wanted to share with you my full input to him and add a couple of comments.
Reviewing the Facts on Trump’s Proposed Pardons in Military Justice Cases
In the runup to Memorial Day, numerous writers denounced President Trump’s purported plans to grant clemency to several U.S. service members accused or convicted of war-zone offenses.
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