Books
International Law and Armed Conflict: Fundamental Principles and Contemporary Challenges In The Law Of War, Aspen, 2013; 2nd Edition, 2019 (with G. Noone)
Incitement to Terrorism, Brill/Nijhoff 2018 (with A. Bayefsky)
International Law And Armed Conflict: Fundamental Principles And Contemporary Challengesin The Law Of War, Concise Edition, Aspen, 2016 (with G. Noone)
International Law And Armed Conflict: Fundamental Principles And Contemporary Challenges In The Law Of War, Aspen, 2013 (with G. Noone)
Law Of War Training: Resources For Military And Civilian Leaders; U.S. Institute of Peace, 2008; 2nd enlarged and revised edition, 2013 (with G. Noone)
Journal Articles
“Irreconcilable Differences: The Thresholds for Armed Attack and International Armed Conflict,” 96 Notre Dame Law Review (forthcoming 2020)
“The Use of Force to Prevent Recurrence of Conflict: Where are the Limits of Self-Defense?”, 85 Brooklyn Law Review (2020)
“International Law and Security in Outer Space: Now and Tomorrow,” American Journal of International Law Unbound (2019) (with M. King)
"Examining the Role of Law of War Training in International Criminal Accountability,” 2017 Utah Law Review 747-769 (2017)
“The Extent of Self-Defense Against Terrorist Groups: For How Long and How Far?,” 47 Israel Yearbook on Human Rights265-316 (2017)
“The Limits of Inviolability: The Parameters for Protection of United Nations Facilities During Armed Conflict,” 93 International Law Studies 45 (2017)
“In Response to Professor Oren Gross’ ‘The New Way of War: Is There a Duty to Use Drones?’,” 67 Florida Law Review Forum 38 (2015)
"Identifying the Start of Conflict: Recognition, Operational Realities, and Accountability in the Post-9/11 World," 36 Michigan Journal of International Law (forthcoming 2014).
"Direct Participation: Law School Clinics and International Humanitarian Law," 95 International Review of the Red Cross (forthcoming 2014).
"Investigations into Military Operations: What Impact on Transitional Justice?" 47 Israel Law Review (forthcoming 2014).
"Rules of Engagement And Legal Frameworks for Multinational Counter-Piracy Operations," 46 Case Western Reserve Journal of International Law 397 (2013)
"Debates and Dichotomies: Exploring the Presumptions Underlying Contentions About the Geography of Armed Conflict," 16 Yearbook of International Humanitarian Law (2013).
"Rules of Engagement and Legal Frameworks for Multinational Counter-piracy Operations," 46 Case Western Reserve Journal of International Law (2013)
"Belligerent Targeting and the Invalidity of a Least Harmful Means Rule," 89 Naval War College International Law Studies 536-626 (2013) (with G. Corn, C. Jenks and E. Jensen).
Learning to Live with (a Little) Uncertainty: The Operational Aspects and Consequences of the Geography of Conflict Debate, 161 University of Pennsylvania Law Review Online 347-361 (2013)
"Extending Positive Identification from People to Places: Terrorism, Armed Conflict and the Identification of Military Objectives," Utah Law Review (2013).
"Losing the Forest for the Trees: Syria, Law and the Pragmatics of Conflict Recognition," 46 Vanderbilt Journal of Transnational Law 693-746 (2013) (with G. Corn).
"International Law and Cyber Threats from Non-State Actors," 89 Naval War College International Law Studies 406-437 (2013). Also published in 43 Israel Yearbook on Human Rights (2013).
"Presidential Foreign Policy: An Opportunity for International Law Education," 45 Case Western Reserve Journal of International Law 1-7 (2012).
"Targeted Strikes: The Consequences of Blurring the Armed Conflict and Self-Defense Justifications," 38 William Mitchell Law Review 1655-1700 (2012).
"After 'Top Gun': How Drone Strikes Impact the Law of War," 33 University of Pennsylvania Journal of International Law 675-718 (2012).
"Taking Distinction to the Next Level: Accountability for Fighters’ Failure to Distinguish Themselves from Civilians," 46 Valparaiso University Law Review 765-802 (2012).
"Complex Legal Frameworks and Complex Operational Challenges: Navigating the Applicable Law Across the Continuum of Conflict, 26 Emory International Law Review (2012).
"Understanding When and How Domestic Courts Apply International Humanitarian Law," 44 Case Western Reserve Journal of International Law 1-20 (2011)
"The Consequences of a "War" Paradigm for Counterterrorism: What Impact on Basic Rights and Values?," 46 Georgia Law Review 719-741 (2012)
"A Square Peg in a Round Hole: Stretching Law of War Detention Too Far," 64 Rutgers Law Review 1169-1193 (2011)
"A New Twist on an Old Story: Lawfare and the Mixing of Proportionalities," 43 Case Western Reserve Journal of International Law 707-738 (2011)
"Defining the Battlefield in Counterterrorism and Contemporary Armed Conflicts: Understanding the Parameters of the Zone of Combat," 39 Georgia Journal of International and Comparative Law 1-38 (2010)
“Characterizing United States Operations in Pakistan: Is the U.S. Engaged in an Armed Conflict?,” 34 Fordham International Law Journal 151-189 (2011) (with B. Farley)
“Finding Facts but Missing the Law: The Goldstone Report and Lawfare,” 43 Case Western Reserve Journal of International Law 279-305 (2010)
“In Counterterrorism, The Law of War is a Key Source of Law for the Courts,” 32 ABA National Security Law Report 1, 7-11 (Winter 2010); part of a dialogue with G. Corn, “The Problem With Law Avoidance,” 32 ABA National Security Law Report 1, 4-7 (Winter 2010)
“Teaching an Old Dog New Tricks: Operationalizing the Law of Armed Conflict in New Warfare,” 1 Harvard National Security Journal 45-85 (2010) (with A. Guiora)
“The Application of IHL in the Goldstone Report: A Critical Commentary,” 12 Yearbook of International Humanitarian Law 347-402 (2009)
- Reprinted in THE GOLDSTONE REPORT “RECONSIDERED”: A CRITICAL ANALYSIS (Gerald Steinberg & Anne Herzberg, eds 2011)
“Updating the Commander’s Toolbox: New Tools for Operationalizing the Law of Armed Conflict,” PRISM: A Journal of the Center for Complex Operations Vol 1:3, 59-78 (June 2010) (with A. Guiora)
“The Laws of War in Shakespeare: International vs. Internal Armed Conflict,” 30 New York University Journal of International Law and Politics 251 (Fall 1997/Winter 1998)
“United Nations Sanctions: Creating a More Effective Tool for the Enforcement of International Law,” 48 Austrian Journal of Public and International Law 161-195 (1995)
Book Chapters
“Assessing LOAC Compliance and Discourse as New Technologies Emerge: A New “Effects Problem”?, in The Impact of Emerging Technologies on the Law of Armed Conflict (2019)
“Muddying the Waters: Precision-Guided Terminology in the DoD Law of War Manual,” in The United States Department of Defense Law of War Manual: Commentary & Critique (2019)
“New Technologies and the Interplay between Certainty and Reasonableness: What Impact for the Law of Armed Conflict,” in Complex Battlespaces: The Law of Armend Conflict and the Dynamics of Modern Warfare (2017)
“Media Warfare, Propaganda and the Law of War,” in The Ethics of Soft War (2017)
“The Proportionality Principle in War,” in The Use of Force: Military Power and International Politics, Rowman & Littlefield (8th Edition, 2015)
“What’s in a Word: War, Law and Counterterrorism,” in Routledge Handbook of Law and Terrorism, Routledge (2014)
“Military Operations and Media Coverage: The Interplay of Law and Legitimacy,” in Routledge Handbook on Military Ethics, Routledge (2015)
“The Use of Force Against Pirates,” in Prosecuting Maritime Piracy: Domestic Solutions to International Crime, Cambridge University Press (2014)
“Targeted Killing,” in Ashgate Research Companion to Military Ethics, Ashgate (2014)
“Cyber War/Cyber Attack: The Role of Rhetoric in the Application of Law to Activities in Cyberspace,” in Cyberwar: Law & Ethics for Virtual Conflicts, Oxford University Press (2014)
“Les Véhicules Aériens Inhabités et le Droit des Conflits Armés,” in Les Drones Aériens: Passé, Présent et Avenir. Approche Globale, La Documentation française (2013)
“Due Process and Terrorism,” in National Security Law: Fifty Years of Transformation From the Past to the Future, an Anthology, American Bar Association (2012) (with A. Guiora)
“The Laws of War: Regulating the Use of Force,” in The Journalists' Guide to National Security Law, American Bar Association (2012) (with G. Corn)
“Rules of Engagement: Law, Strategy and Leadership,” in Aspects of Leadership: Ethics, Law and Spirituality, Marine Corps University Press (2012)