Dr. Brian L. Cox @BrianCox_RLTW Twitter profile

Pinned Tweet

Dr. Brian L. Cox

29 days

. @FCDOGovUK announced today suspension of around 30 (out of approx 350) licenses for arms exports to @Israel . I've now had a chance to review explanation of int'l legal basis published in support of decision. In short, @GOVUK 's legal explanation is dangerously flawed & utterly

Foreign, Commonwealth & Development Office

@FCDOGovUK

29 days

Today the Foreign Secretary has given an update on the UK's policy on arms export licences to Israel.

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Dr. Brian L. Cox

@BrianCox_RLTW

23 days

Classic #legaldisinformation from @amnesty & unfortunately on brand for this org. 2 substantive legal falsehoods to support 1 procedural misrepresentation - all in the same post. Interested in doctrinal legal analysis of QT'd post & report linked therein? Read on for short

Amnesty International

@amnesty

27 days

The Israeli military’s campaign to significantly expand a “buffer zone” along the eastern perimeter of #Gaza should be investigated as the war crimes of wanton destruction and collective punishment. Read @Amnesty ’s new investigation here:

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Dr. Brian L. Cox

@BrianCox_RLTW

29 days

@Israel @ICRC 8/8 This decision to suspend select export licenses is dangerous in part because it's founded on fundamentally insufficient legal bases. The legal explanation is utterly unconvincing for the reasons described in this thread. I'll leave for another day the fraught (geo)political

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Dr. Brian L. Cox

@BrianCox_RLTW

28 days

Nope. Still not how international law actually works. Advisory opinions by @CIJ_ICJ & press releases from @UN_SPExperts don't establish binding int'l law obligations for any country, no matter how often they're quoted. That includes Canada.

Mark Kersten

@MarkKersten

28 days

Following the #ICJ 's decision on 🇮🇱 illegal occupation of 🇵🇸 , states must "immediately review all diplomatic, political, and economic ties with Israel, inclusive of business and finance, pension funds, academia and charities.” That includes you, Canada.

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Dr. Brian L. Cox

@BrianCox_RLTW

23 days

@amnesty 2/ Substantive legal falsehood # 1: "wanton" destruction (1st pic). Actual wanton destruction does qualify as war crime, but conduct by @IDF doesn't qualify as "wanton". Let's use grave breaches text of Geneva Convention IV (GCIV) of 1949 as textual example of crime (2nd pic).

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Dr. Brian L. Cox

@BrianCox_RLTW

23 days

@amnesty @IDF 4/ Procedural legal misrepresentation: Conduct of @IDF "should be investigated" as war crime (pic). This claim has emerged as among the most pernicious techniques for those seeking to distort int'l law for social and/or political purposes. Note that conclusive statement like

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Dr. Brian L. Cox

@BrianCox_RLTW

23 days

@amnesty @IDF 5/5 Zooming out to consider big picture in public discourse, assertions such as those made in this post/report by @amnesty are set against backdrop of movement to encourage a more pluralistic approach to interpreting & establishing int'l law. Analysis similar to that conducted

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Dr. Brian L. Cox

@BrianCox_RLTW

23 days

@amnesty @IDF 3/ Substantive legal falsehood #2 : "war crime" of "collective punishment" (1st pic). Initial deficiency w/this claim is that "collective punishment" isn't a war crime. Recall that it's not included in "grave breaches" provision of GCIV (pic in previous post). It's also not

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Dr. Brian L. Cox

@BrianCox_RLTW

29 days

2/ Let's start with the actual controlling policy/legal standard. Policy paper linked above recaps relevant standard, captured in 1st pic below. Note red highlight on serious violation of IHL in the legal standard, bc this is important. None of the actual reasons provided in

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Dr. Brian L. Cox

@BrianCox_RLTW

29 days

@Israel @ICRC 7/ That brings us to 3/3 main points of legal explanation (1st pic). From int'l law perspective, "mass casualties" of conflict are irrelevant for assessing LOAC/IHL compliance. So is the "opaque & contested info environment in Gaza." No matter how many allegations of "war crimes"

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Dr. Brian L. Cox

@BrianCox_RLTW

29 days

3/ 1st of three general "factors" is listed as "Humanitarian". This factor relies on the contested conclusion that @Israel qualifies as "Occupying Power" in Palestinian territories such that Geneva Convention IV (GCIV) of 1949 applies. Explanation correctly notes 🇮🇱 doesn't

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Dr. Brian L. Cox

@BrianCox_RLTW

29 days

@Israel 4/ Assuming GCIV applies in Gaza (it doesn't), "Occupying Power" does have duty of ensuring availability of food & medical supplies to civilian population "to the fullest extent of the means available to it" (highlight, 1st pic). "Fullest extent" is inherently subjective standard

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Dr. Brian L. Cox

@BrianCox_RLTW

29 days

@Israel 5/ Next up is claim that IHL requires access by orgs such as @ICRC to places of detention "except for reasons of imperative mil necessity...." (1st pic, red highlight) First off, "volume & consistency" of allegations does not necessarily amount to "credible claims" of detainee

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Dr. Brian L. Cox

@BrianCox_RLTW

29 days

@Israel @ICRC 6/ If 🇮🇱 were fighting armed conflict against "High Contracting Party" of GCs, Geneva Convention III, the Prisoner of War Convention, would apply to detainees. Art. 9 of GCIII contains similar general provision regarding access to POWs (1st pic). But GCIII doesn't apply to

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

This is a periodic reminder that the "Geneva Conventions" are not synonymous with the law of armed conflict. GCs are a set of 4 treaties adopted in 1949 that apply in case of armed conflict "between two or more High Contracting Parties." @Israel is currently engaged in an

Mark Kersten

@MarkKersten

1 month

I hope the Geneva Conventions came up. Repeatedly.

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

Highly recommend this discussion between @jimsciutto & @SpencerGuard on 🇮🇱 mil operations in #Gaza . One point that should be emphasized is the sources of expert commentary cited by interviewer rely too heavily on data involving effects of attacks rather than process. John does

Jim Sciutto

@jimsciutto

1 month

How can Israel justify the enormous civilian toll in Gaza? The Israeli PM and IDF frequently cite @SpencerGuard ’s research to make their case, but eyewitness accounts and contradictory analysis by several US commanders come to very different conclusions. Our full discussion:

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

Excellent analysis by @SpencerGuard and @Ostrov_A of recent developments at ICC re: Situation in Palestine. Another blow to legitimacy of Court is on the horizon & signs aren't encouraging. Proponents often call for unconditional support of ICC, then gloss over pernicious

John Spencer

@SpencerGuard

1 month

“Moreover, it [ICC] will severely curtail every democracy’s fight against radical Islamic terrorism by exposing them to spurious and unfounded charges, based purely on political considerations.” ICYMI my article with @Ostrov_A in @thehill

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

Yet another reason pervasive effects-based assessment of conduct of hostilities in public discourse is so toxic. Assuming this claim is empirically accurate (a huge assumption), it gives no context for *why* it's true. If an armed group deliberately hides & fights among civilian

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Dr. Brian L. Cox

@BrianCox_RLTW

14 days

Says the law prof with apparently little or no knowledge of, or operational experience with, special technical operations & sensitive SIGINT/COMINT techniques. Randomly detonated explosives *would* be problematic - but these were not "random" attacks.

Heidi Matthews

@Heidi__Matthews

14 days

@kshahrooz This is profoundly wrong. An attack which is "not directed at a specific military objective" is indiscriminate. This is a case of randomly detonated explosives across an entire society with no evidence of any concrete knowledge about who would be in possession of the devices.

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Dr. Brian L. Cox

@BrianCox_RLTW

10 days

In case @KenRoth and co. are confused about what an *actual* "indiscriminate" attack is according to #LOAC , video below can be referred to as Exhibit A.

StandWithUs

@StandWithUs

10 days

🚨 BREAKING VIDEO: Direct hit in Kiryat Bialik in northern Israel as non-stop Hezbollah rockets, missiles and drone attacks are fired towards innocent Israeli civilian communities. #israelunderattack

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Dr. Brian L. Cox

@BrianCox_RLTW

14 days

Nope. Not the correct standard for assessing "indiscriminate" attacks - as the example doctrinal standard presented in API, art. 51(4) indicates (1st pic). Claim by @Heidi__Matthews more closely resembles what is widely referred to as #LOAC proportionality rule (eg API, art.

Heidi Matthews

@Heidi__Matthews

14 days

This is outrageous, defamatory and utterly unsubstantiated. The 100s or 1000s of explosions today each constitute single attacks. They are indiscriminate because it would have been literally impossible to assess the anticipated civilian harm for each explosion. (I could go on).

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

Ah yes, the old "strength in numbers" argument. 10,000 reports drawing conclusions from effects-based analysis = 10,000 reports with flawed methodology + faulty conclusions. We can & must do better than this.

Mark Kersten

@MarkKersten

2 months

We can & must do better than this. UN report after report, ICC investigations, witness testimony of doctors, the findings of all major human rights orgs... There must be an independent & impartial investigation into atrocities by Hamas & Israel. Good faith is no shield.

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Dr. Brian L. Cox

@BrianCox_RLTW

23 days

@CAugustElliott @amnesty @bellingcat This "evidence" indicates destruction occurred, as @amnesty report suggests - but claim that destruction is "wanton" and "not justified" is conclusory & speculative. Amnesty report acknowledges destruction is carried out by @Israel to "protect Israelis from attacks from Gaza".

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

. @Heidi__Matthews denounces @Ostrov_A 's legal analysis as "a joke" & presents her own analysis in 10 posts. But does her counter-analysis withstand scrutiny? No shortage of ad hominen attacks in replies & QTs. Unfortunate & not exactly effective. For informed analysis... a 🧵.

Heidi Matthews

@Heidi__Matthews

2 months

This "legal analysis" is a joke. Here are a few reasons why. 🧵 Let's assume everything Israel said about the presence of 20 militants is true (big assumption). @Ostrov_A baldy asserts that "used precision weapons, and followed the principles of proportionality and distinction."

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Dr. Brian L. Cox

@BrianCox_RLTW

29 days

I've had a chance to review "Summary of IHL Process" document published by @FCDOGovUK in support of decision to suspend export licenses to @Israel for select categories of weapons. Will put together 🧵 to analyze main points of the dangerously flawed int'l law explanation

Foreign, Commonwealth & Development Office

@FCDOGovUK

29 days

Today the Foreign Secretary has given an update on the UK's policy on arms export licences to Israel.

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Dr. Brian L. Cox

@BrianCox_RLTW

14 days

Fixed it for you. Cc: @Heidi__Matthews .

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Dr. Brian L. Cox

@BrianCox_RLTW

13 days

Wrong again. The q is *not* whether targets were performing "continuous combat function". This term & definition are drawn from @ICRC "Interpretive Guidance" study & report published in 2009 (1st pic). CCF standard & publication in general have never been accepted as customary

Heidi Matthews

@Heidi__Matthews

13 days

This is a gross misunderstanding of IHL. Mere membership in Hezbollah does not mark a person for death: the q is whether they were performing a continuous combat function involving preparation, execution or command of attacks such that they are taking a direct part in hostilities

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

Pushing back with facts & figures drawn exclusively from effects-based analysis in public domain only amplifies distorted perceptions regarding conflict in Gaza - even when it's done politely. @SpencerGuard repeatedly emphasized requirement for process-based analysis of

Mehdi Hasan

@mehdirhasan

1 month

Watch how uncomfortable & irritated Netanyahu's favorite academic @spencerguard gets when he is finally confronted on air by an interviewer who is prepared, has facts & figures, & is ready to (politely) push back. Well done CNN's @jimsciutto for an important interview. Watch:

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Dr. Brian L. Cox

@BrianCox_RLTW

24 days

Concur with @SpencerGuard 's designation as "must read". Written by 3 *actual* LOAC experts, article provides much-needed clarity on weapons effects in urban environment. "Complicating urban operations further is the proximity—and often interconnectedness—between military

John Spencer

@SpencerGuard

24 days

Must read: “Targeting in an Urban Environment: Why Weaponeering and Tactics Matter” @WestPoint_USMA @jimsciutto For any politician or media commenting on Israel’s war against Hamas in Gaza. “the assessment of whether a weapon was used lawfully is almost always a contextual

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Dr. Brian L. Cox

@BrianCox_RLTW

23 days

Important article @nationalpost reporting @SpencerGuard 's observations on conduct of hostilities by @IDF in #Gaza . Some additional context to consider on related topics of LOAC compliance & civilian harm mitigation & response (CHMR): #CHMR is operational implementation of #LOAC

Israel War Room

@IsraelWarRoom

24 days

#NEW from @nationalpost : War expert John Spencer ( @SpencerGuard ) shared his first-hand account of Israeli forces doing “harm mitigation at a level that nobody’s ever tried.” Spencer is one of the world’s preeminent experts on urban warfare. He’s been inside Gaza three times

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Dr. Brian L. Cox

@BrianCox_RLTW

11 days

Don't work for terrorists. Problem solved.

Alonso Gurmendi

@Alonso_GD

11 days

Work laptops are employer-owned issued to employees for work-related tasks. Imagine a terrorist blows up your work laptop right this instant. How many of you have it somewhere close to your kids or partners? How many have it somewhere where it can start a fire? Seriously, check

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Dr. Brian L. Cox

@BrianCox_RLTW

17 days

Important point re: scope of current conflict "in" #Gaza that can't be emphasized & shared widely enough. Added bonus of graphical representation of scope for illustrative purposes. Juxtapose this with unreliable support from "allies" of @Israel in the West, and point is even

dan linnaeus

@DanLinnaeus

17 days

Israel has been under attack since 10-7 by the Axis of Resistance of Syria and Iraq, the Houthis (Yemen), Hezbollah (Lebanon), Hamas (Gaza) and the Islamic Republic of Iran, as well as from Judea and Samaria where terrorist militants operate to further ignite the region: 7 active

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

As a rule of thumb, people should not trust anyone who calls for independent "war crime" investigations based solely on the outcome of an attack & distorted public narratives that emerge afterward. This is true no matter how many times @MarkKersten + others make such calls.

Mark Kersten

@MarkKersten

2 months

As a rule of thumb, people should not trust anyone who refuses to support any independent and impartial investigation into the litany of alleged war crimes committed by Hamas or Israel.

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Dr. Brian L. Cox

@BrianCox_RLTW

17 days

@Mr_Andrew_Fox Excellent analysis. Sustaining & coordinating combined arms maneuver in densely populated urban environments with the added complication of subterranean warfare is one of many vitally important lessons partners & allies must learn from 🇮🇱's experience in #Gaza . Thanks for

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

Actually, *this* is how int'l law gets diluted. @MarkKersten points to @Ostrov_A 's post about attack while name dropping LOAC terms like distinction, proportionality & military necessity. Gives impression that @IDF should be investigated for war crimes. 🧵

Mark Kersten

@MarkKersten

2 months

This is how int'l law gets diluted into permitting war crimes, not preventing them👇 Even if there are belligerents in a school or hospital, ALL of the rules of IHL - distinction, proportionality, military necessity - apply. The attacks demand ACTUAL investigation not this BS.

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

A reminder that it is a #warCrime to *intentionally* direct attacks against #UN vehicles & persons. #warCrimes require intent & knowledge. "Knowledge" means "awareness that a circumstance exists." Without evidence of intent & knowledge, claim of #warCrime is a false allegation.

Dr Melanie O'Brien

@DrMelOB

1 month

A reminder that it is a #warCrime to attack #UN vehicles & persons. #Israel #Gaza

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Dr. Brian L. Cox

@BrianCox_RLTW

24 days

This is the very definition of the int'l criminal law tail wagging the armed conflict dog. There is an active armed conflict going on. Right now. Israel, like other states, is allowed to eliminate civilians who take a direct part in hostilities. Pro tip: don't do this. 👇👇👇

Iva Vukusic also over @vukusiciva.bsky.social

@VukusicIva

25 days

Israel, like other states, should not be allowed to simply pop #ICC suspects like it's nothing. By eliminating him and thereby, ANY chance of him being brought to trial, it also reduces the chances of his victims of having a day in court and for the historical record to be built.

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Dr. Brian L. Cox

@BrianCox_RLTW

23 days

@CAugustElliott @amnesty @bellingcat @Israel @hrw One of the units I covered in Iraq as a combat camera operator bulldozed a huge coconut grove bc we kept receiving complex attacks (IED/small arms ambushes and/or indirect fire) from the area. Grove was property of landowner who made a living in part from the coconuts. If someone

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Dr. Brian L. Cox

@BrianCox_RLTW

16 days

Stop lying to yourself & everyone else by claiming there's a genocide in Palestine. Problem solved. Not sure how? Here's a good place to start. 👇👇

Mohammed Hijab

@mohammed_hijab

16 days

I'm sad to admit that the more the genocide continues in Palestine, the more desensitised I become to the suffering. Thus, I must conscientiously add to my weekly routine deliberate exposure to the events so that I don't lose my humanity.

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

Advisory opinions by @CIJ_ICJ don't create binding legal obligations, and @CanadaFP doesn't utilize effects-based analysis to evaluate LOAC compliance by @Israel & @IDF for the purpose of determining 🇨🇦's ATT obligations. @melaniejoly @BobRae48

Mark Kersten

@MarkKersten

2 months

Canada won't say how it will respect the ICJ's ruling that it must refrain from supporting 🇮🇱's illegal occupation of 🇵🇸. But it will sell $60 million of weapons to Israel, via the 🇺🇸, in violation of int'l & Canadian law: #cdnpoli @melaniejoly @BobRae48

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

Look - I'm new to this @X thing, but here's a pro tip to take away from this 🧵. If you're going to denounce someone's legal analysis as a joke, you should make sure your own counter-analysis doesn't qualify for the same designation. - end

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

Congrats to @Frances_Coppola , undisputed recipient of the prestigious #legaldisinformation #awardoftheday on #LegalTwitter for stringing at least 4 legal falsehoods together in 1 post regarding @Israel 's right of self-defense pursuant to int'l law. How's that possible? 🧵1/14

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

This is how the practice of taking hostages becomes normalized. Don't let it happen. There is no "context" to add. @AvivaKlompas is right to declare hostages were murdered by #Hamas . Each person who was taken hostage on Oct 7 should still be going about their lives today in

Ismail (Ish) Aderonmu

@LegalishCA

1 month

@MarkKersten It doesn’t and I’m certainly not suggesting that. However, I think it’s important context to add— the hostages weren’t killed by Hamas as Aviva Komplas et al have been more than happy to insinuate.

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Dr. Brian L. Cox

@BrianCox_RLTW

11 days

Found it. The perfect tweet. 👇

Sharon Sabo

@sharonsabo11

11 days

@BrianCox_RLTW The need of IHL “experts” to defend a terror organisation is mind blowing.

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Dr. Brian L. Cox

@BrianCox_RLTW

18 days

@AliAmjad489569 @Ostrov_A @SpainMFA

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

@IDF @MarkKersten War crime by innuendo & constructed "reciprocal obligation" false equivalency are two common misinformation techniques that dilute public perception of effectiveness of int'l law. @MarkKersten utilizes both techniques in same social media post. -end

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Dr. Brian L. Cox

@BrianCox_RLTW

21 days

Today marks 1 month since I embarked on this journey of public engagement on @X . My primary objective was & will continue to be to bring a balanced & informed view on practical application of int'l law while countering (at least in some small way) rampant #legaldisinformation in

Dr. Brian L. Cox

@BrianCox_RLTW

2 months

Promised myself when I started JSD program @CornellLaw I wouldn't start an active @X account til after graduation. Been receiving traffic on shared account with small group of mil friends for a while. Promised them I'd get in the game when JSD is complete. Wheels up, time now.

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

@mehdirhasan @SpencerGuard I'm just a journalism student in training, but my impression as an experienced legal researcher is that there is reason to question the reliability of source material routinely relied upon by this outlet.

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

Promised myself when I started JSD program @CornellLaw I wouldn't start an active @X account til after graduation. Been receiving traffic on shared account with small group of mil friends for a while. Promised them I'd get in the game when JSD is complete. Wheels up, time now.

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

@IDF @MarkKersten that @IDF violated rules even though #Hamas likely violated LOAC by reportedly hiding in school. Problem is, @MarkKersten doesn't have access to info necessary to assess whether @IDF PAX complied with LOAC rules even though #Hamas reportedly hid in school.

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

@DerekLarsen7 @jimsciutto @SpencerGuard Pre-strike data collection/retention processes vary significantly among different military forces, but the target development/review/approval process is surprisingly similar - certainly among advanced military forces like 🇺🇸 & 🇮🇱. Your suggested description is accurate in general

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Dr. Brian L. Cox

@BrianCox_RLTW

16 days

Fantastic compilation & production by @lion_4_zion of footage from #Nuseirat hostage rescue op in June. Sound up & watch til end for this poignant, powerful & masterful tribute. 👏👏👏

🎗️Moshe ✡︎

@lion_4_zion

16 days

It’s my sincere hope that this video does some justice to the amazing rescue of Noa Argamani, Almog Meir Jan, Andrei Kozlov and Shlomi Ziv. Want to show our warriors they are appreciated for all they do. Thank you.

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Dr. Brian L. Cox

@BrianCox_RLTW

18 days

Important context re: press "freedom" in #Gaza that doesn't get nearly enough attention. Coordination is already challenging enough in setting where (terrorist) organized armed group hides & fights among civilian population. Who's going to deconflict press? If someone cares to

Chris Ryan MM

@ChrisRyanMM

18 days

Restricted movement - exactly the same as Iraq, Afghanistan and Syria. If press were freewheeling in Gaza there would be no deconfliction which would lead to more human shields for Hamas to hide behind.

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Dr. Brian L. Cox

@BrianCox_RLTW

24 days

Looking forward to participating in this timely & vital discussion on legal cynicism and armed conflict. My remarks will focus on the imperative of preserving operational & legal legitimacy in conflict, which will also touch on recent decision by @FCDOGovUK to suspend select arms

Jonathan Hafetz

@JonathanHafetz

27 days

Join us on Sept. 16 for what promises to be a terrific @asil .org webinar tackling the question of "Legal Cynicism and Contemporary Armed Conflicts". Register here: @asilorg_lieber @matiangai @ShiriKrebs @tomdannenbaum @annacave @BrianCox_RLTW

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Dr. Brian L. Cox

@BrianCox_RLTW

19 days

More truth bombs from @nicolelampert re: #Gaza . 🎯🔥🎯

Nicole Lampert

@nicolelampert

19 days

The Guardian view on Israel and Palestine appears to be that Hamas doesn’t exist. That the only thing holding up a peace deal is Netanyahu. I genuinely don’t why these people - Guardian, Welby, Lammy - struggle so much to call out the terrorist organisation which has rather a

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Dr. Brian L. Cox

@BrianCox_RLTW

23 days

@CAugustElliott @amnesty @bellingcat @Israel @hrw Good points - as always. I don't suppose Amnesty has uncovered details of 5 paragraph oporder soldiers were carrying out? Maybe I'm mistaken, but I don't get the sense that PAX on the ground were responsible for ascertaining mil necessity of orders they were carrying out.

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Dr. Brian L. Cox

@BrianCox_RLTW

14 days

@maplebonk @Heidi__Matthews She's...not correct on the facts or the law. That's the point. And she's not the party prospectively suffering reputational damage since the public communication is *from* her.

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

And the narrative is doubly toxic in this case because it's from one journalist giving advice to other journos. Media plays a significant role in shaping public perception. If journalists are pushing effects-based narratives, especially to others in the profession, amplified

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Dr. Brian L. Cox

@BrianCox_RLTW

26 days

This makes an important point & I highly recommend this article by @LOS_Fisher @FT . Foreign service personnel are generally not specialists in IHL/LOAC compliance since they're so far removed bureaucratically from folks in mil service who routinely train on & implement this

Lucy Fisher

@LOS_Fisher

27 days

David Cameron received legal advice when he foreign sec that Israel had breached IHL, acc to people familiar with the matter But, since UK export licensing criteria focusses on future risk of IHL breaches (rather than past), Cameron decided against suspending UK arms export

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

"No rigorous methodology" says the dupe with no recognizable methodology 🤣🤣🤣

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

But bottom line for feasible precautions is @Heidi__Matthews isn't in a position to determine what precautions were feasible *under the operational circumstances*. Post hoc analysis based on open source intel is unsustainable.

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

@ElliotMalin @Israel Definitely a controversial issue. Ratification of a treaty doesn't automatically make the ratifier a High Contracting Party. Same if "state" of Catalonia or "state" of...Quebec ratified GCs. If Palestine ever achieves full recognition of statehood + if Hamas is part of

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

#alleyesonrafah

Kat

@Kitty_Kat3030

5 months

Am pinning this tweet because right now I don't think anything matters more than helping people on the ground in Gaza. We can argue about politicians, we know #BDS and we don't support celebrities etc but seriously right now #AllEyesOnRafah and help here by sharing and donating.

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Dr. Brian L. Cox

@BrianCox_RLTW

23 days

Stay tuned for analysis of falsehoods & #legaldisinformation in this post by @amnesty and "investigation" linked therein. Arranging individual posts & screenshots for short 🧵now. More to follow soon...

Amnesty International

@amnesty

27 days

The Israeli military’s campaign to significantly expand a “buffer zone” along the eastern perimeter of #Gaza should be investigated as the war crimes of wanton destruction and collective punishment. Read @Amnesty ’s new investigation here:

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Dr. Brian L. Cox

@BrianCox_RLTW

20 days

Poignant reflections on the anniversary of 9/11 from @DrGiladNoam . Please do take time to read & reflect if you can. Those seeking to inflict catastrophic harm on populations in countries such as USA, Israel, UK, France & Germany are motivated by a common characteristic:

Dr. Gilad Noam ד"ר גיל-עד נועם

@DrGiladNoam

20 days

What can be learned from the 9/11 terrorist attacks and their aftermath? I wish to share some personal reflections, with a call to my colleagues in the international legal community for further engagement and discussion. 9/11 will forever be etched in our collective memory. Like

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Dr. Brian L. Cox

@BrianCox_RLTW

29 days

(thanks for your patience for anyone interested in checking out 🧵. i'm still putting individual posts & screenshots together in drafts. will be ready soon, even though it's taking a bit longer than the hour or so i initially expected. thanks again & more to follow shortly.)

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Dr. Brian L. Cox

@BrianCox_RLTW

11 days

Well said. Tbh I'm still not sure which is worse: 1. Journalists (your QT) & politicians (1st pic) w/ no training or experience in int'l law claiming to provide authoritative opinions re: "compliance" w/ #LOAC . -or- 2. Academics/activists widely regarded as "experts" routinely

John Spencer

@SpencerGuard

11 days

To be clear, this demonstrates a complete lack of understanding of the law of armed conflict (literally all of them), how adherence to the laws is assessed, or the details/context of Hezbollah pagers.

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Dr. Brian L. Cox

@BrianCox_RLTW

10 days

I'm old enough to remember KJH complaining about "intellectual navel-gazing of US scholars". I can relate - I feel pretty much the same every time I check in on his TL or navigate to @opiniojuris . Once again for those who may have missed it: the post to which KJH is referring

Kevin Jon Heller

@kevinjonheller

10 days

I'm old enough to remember Cox claiming something wasn't customary international law because the US said it wasn't. So by all means, let's talk about academics "routinely distorting int'l law in support of their own social & political agendas."

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Dr. Brian L. Cox

@BrianCox_RLTW

26 days

Must read on 🇮🇱 🇵🇸 in preparation for November.

dan linnaeus

@DanLinnaeus

26 days

There are two glaring issues here. First, this is a false dichotomy. A ceasefire is not the path to a two-state solution. If Hamas remains in power, or if the Palestinian Authority, backed by a Middle Eastern coalition, takes control but collapses as it did in 2005, while a state

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Dr. Brian L. Cox

@BrianCox_RLTW

10 days

Fun fact: Bill Boothby is one source indicating CCF standard isn't customary. By pointing this out, I'm not adopting every position on every point of law advanced by Bill. Talk to me again about "intellectual navel-gazing".

Kevin Jon Heller

@kevinjonheller

10 days

@BrianCox_RLTW @opiniojuris Fun fact: Cox highlighted Bill Boothby's position on CCF in the tweet I'm referring to. The same Bill Boothby who recently argued that the pagers constitute unlawful booby traps under Art. 7(2) of AP II.

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

LOAC discrimination rule in MFA info paper is similar to API text - BUT that isn't always so. Next significant error is blending discrimination & distinction rules...again. Distinction rule from info paper: "Directing its attacks" is similar to "object of attack" for API.

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

Special thanks to @DukeLawNatSec & Lawfire for the opportunity to present this study. Guest post analyzes characterizations of LOAC proportionality rule by @profbensaul , @KenRoth , @AdHaque110 & @washingtonpost related to #Nuseirat hostage rescue by @IDF in June.

Duke Law National Security

@DukeLawNatSec

2 months

In today’s post, Brian Cox does a deep dive into the oft-misunderstood proportionality rule in the Law of Armed Conflict. He examines proportionality in the context of reports about the recent Israeli hostage rescue operation in Gaza’s Nuseirat camp.

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

Affirm. @SpencerGuard points out another major problem with constantly centering discourse on effects of attacks in armed conflict. It doesn't matter what precautions are taken or whether attackers comply w/LOAC. Effects-based accountability persistently allows *any* attack to

John Spencer

@SpencerGuard

2 months

Holocaust inversion is going mainstream – it's deeply disturbing "There is no such thing as a war with no civilian casualties, but Israel "has taken more measures to avoid needless civilian harm than virtually any other nation that's fought an urban war," according to John

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Dr. Brian L. Cox

@BrianCox_RLTW

27 days

@OurielOhayon @FCDOGovUK @Israel @GOVUK From remarks linked 👇 by @DavidLammy , he was likely primarily responsible for file & decision. Based on highlighted excerpt attached, it seems he made up his mind before @UKLabour took over gov't & legal review was made to support his predetermination.

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Dr. Brian L. Cox

@BrianCox_RLTW

19 days

Excellent summary by @nicolelampert . I encourage everyone to read especially the last sentence of her post, reflect on the point for a minute or two, then read it again & carry the message forward with you. Spot on. 🎯🎯🎯

Nicole Lampert

@nicolelampert

20 days

Interesting article in The Times with senior military man General Sir John McColl after a trip to Israel. He says that media reporting in the U.K. made him think that Israel was behaving abysmally in Gaza until he went there and saw things for himself. He now says the IDF is

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Dr. Brian L. Cox

@BrianCox_RLTW

12 days

Just going to note my claim wasn't that US position is customary. Excerpt from DoD Manual is *example* indicating CCF isn't customary standard for DPH. Footnote I included in pic #3 continues with citations of other subsidiary sources also indicating ICRC Interpetive Guidance

Kevin Jon Heller

@kevinjonheller

12 days

Just going to note the irony of claiming a rule isn't customary by citing nothing more than the US position insisting that it isn't. (Not saying it *is* customary. Just that the intellectual navel-gazing of US scholars never ceases to amaze me. The US is not King of Custom.)

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

Both these points illustrate well why operators should be (more) sensitive to the public perception we create with the terminology we utilize. The problem with referring to "safe" or "protected" zones is they're not *actually* safe or protected from attacks *or* incidental

Children of Darkness

@of_darkness07

1 month

Good interview. I would still like to know 1. where he’s seen evidence of human shields since 10/7, which is what Israel uses to bombs and annihilate every safe zone in Gaza. 2. Is there any law that allows Israel to bomb israeli designated safe zones without warning?

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Dr. Brian L. Cox

@BrianCox_RLTW

23 days

@nicolelampert

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

@Heidi__Matthews @Ostrov_A We'll skip over blending of LOAC distinction and discrimination rules between 2nd & 3rd posts for now. First significant error is source of law selected. @Israel hasn't ratified API. This means text of treaty is informative but *not* binding.

Heidi Matthews

@Heidi__Matthews

2 months

The operative legal question is whether a weapon's *use* is precise or not—i.e. whether a given attack complies with the principle of distinction. This must be assessed on a case by case basis. API to the 1949 Geneva Conventions sets out this fundamental principle in art 51(2).

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

This is one major problem with constantly centering discourse on effects of attacks in armed conflict. We *shouldn't* normalize armed groups intentionally hiding & fighting among civilian population. This is simple cause & effect. When they do, this is predictable outcome. 👇

Apsana Begum MP

@ApsanaBegumMP

2 months

We cannot normalise a world where people are bombed, and are collecting the flesh of children in plastic bags. We cannot accept a world where newborns are killed, with their parent having just collected their birth certificates.

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Dr. Brian L. Cox

@BrianCox_RLTW

29 days

@Blooplup @FCDOGovUK @Israel Correct. Qualified requirement for access by ICRC & other humanitarian orgs is established in GC III of 1949 (general access provision is 1st pic), yet full provisions of all 1949 GCs only apply in case of armed conflict between two or more High Contracting Parties (2nd pic). So,

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Dr. Brian L. Cox

@BrianCox_RLTW

29 days

@Blooplup @FCDOGovUK @Israel Ummmm....no. The short answer is, "no".

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

6th post (before this one) cites unsubstantiated reporting from @972mag regarding @IDF tolerance for CIVCAS... Even so, this 7th post refers to number of reported CIVCAS that is "climbing even higher."

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Dr. Brian L. Cox

@BrianCox_RLTW

30 days

(good advice - Geneva agrees)

Caт Вee ✡︎

@CatShoshanna

30 days

🧘🏻‍♀️🌅

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

@SpencerGuard @UrbanWarfareCtr @40thID Aspect: Number of observers available on the ground to upload unverified post-strike video to social media claiming any attack should be investigated as a war crime based solely on the apparent outcome. Urban: Exceptionally high

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

This means attack apparently complied with *distinction* rule. Claim of indiscriminate *effects* from PGM is separate matter - LOAC discrimination rule. If we refer to text of API as example for discrimination rule, we're in for yet another significant error...

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

After citing distinction rule (from API) in 3rd post, 5th post claims PGM "can easily have indiscriminate effects." *Distinction* prohibits making civilians not taking direct part in hostilities *object of attack*. Media reporting suggests Hamas was object of attack for @IDF ...

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

14/ Whatever the motivation(s), @Frances_Coppola 's claims regarding relevant provisions of int'l law here are false - all of them. ❌❌❌❌ Stay tuned for more analysis of #legaldisinformation soon, as I will assess the claim that States providing security assistance to @Israel

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

Next 2 posts (8 & 9) deal w/ LOAC requirement to take feasible precautions in attack. Once again, citing API. Once again, more relevant source is @IsraelMFA info paper.

Heidi Matthews

@Heidi__Matthews

2 months

But while the principle of proportionality can be unhelpful, remember that Israel is also under an obligation to take effective precautions to minimize civilian harm (see art 57, API). At present there is no evidence that any advance warning was given.

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

Let's set aside limitations inherent in reported number of CIVCAS in #Gaza . Point is, LOAC proportionality involves expectation of incidental damage for *each attack*...not entire campaign.

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

"Devastated" and "outraged" isn't going to cut it. Gloves need to come off re: #Gaza now like they should've a long time ago. Trouble is, we have @POTUS who can't find the gloves & @VP who only cares that all the laces on the gloves feel included. #timeforachange

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

Back to 5th post again, the analysis refers to indiscriminate *effects*. Again, text of API is informative but not binding. Still, if we're talking about weapons *effects*, the relevant portion of API prohibits means/methods that *cannot be limited* as required by API...

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

It's true LOAC proportionality "doesn't give us a 'magic number.'" But it also must be evaluated based on expectation of attacker before/during each specific attack. BUT...

Heidi Matthews

@Heidi__Matthews

2 months

It doesn't give us a 'magic number'; ultimately, how many civilians we are willing to see killed to achieve a given military objective is a political & moral question. With Gaza, we see that number climbing ever higher.

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Dr. Brian L. Cox

@BrianCox_RLTW

14 days

Checks notes: So far, no reports of exploding chickens from today's apparent attack on Hezbollah 📟. #LOAC discrimination in action.

Dr. Eli David

@DrEliDavid

1 month

Israel 🇮🇱 eliminated Hezbollah's number 2 and head of military. In retaliation, Hezbollah 🇱🇧 eliminated several chicken today. Let's call it a draw.

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

This is probably most egregious error in all 10 posts. Analysis by @Heidi__Matthews claims an "attack that excessively *harms* civilians is indiscriminate" & therefore violates proportionality rule.

Heidi Matthews

@Heidi__Matthews

2 months

The use of precision-guided munitions like the GBU-39 can easily have indiscriminate effects. Here is where the principle of proportionality, a corollary of distinction, comes in. According to art 51(5)(b) of API, an attack that excessively harms civilians is indiscriminate.

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Dr. Brian L. Cox

@BrianCox_RLTW

19 days

@somesayparsley @nicolelampert @TimesRadio Also worth emphasizing that Hamas/PIJ deliberately hides & fights from among civilian population. Heavy civilian toll is predictable result in such circumstances - but #Hamas , not 🇮🇱, bears ultimate responsibility for that toll. When media, UN advocates, humanitarian activists &

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Dr. Brian L. Cox

@BrianCox_RLTW

24 days

@Mr_Andrew_Fox "Arrests" he says. Definitely a new delusion I haven't encountered before.

יוסף חדאד - Yoseph Haddad

@YosephHaddad

10 months

⚠️⚠️disturbing footage warning⚠️⚠️ The shocking videos from October 7th continue to pour in... Here is another horrifying video showing how Hamas executed a captured Israeli youth. They cannot obscure the truth and their crimes against humanity!!

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

@joelw_762 @mehdirhasan @SpencerGuard @972mag Many media reporters do. That's the point.

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Dr. Brian L. Cox

@BrianCox_RLTW

2 months

Taking it back to the beginning to sum up:

Heidi Matthews

@Heidi__Matthews

2 months

This "legal analysis" is a joke. Here are a few reasons why. 🧵 Let's assume everything Israel said about the presence of 20 militants is true (big assumption). @Ostrov_A baldy asserts that "used precision weapons, and followed the principles of proportionality and distinction."

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Dr. Brian L. Cox

@BrianCox_RLTW

1 month

@orenbarsky Incidentally, this version of the "effective control" doctrine in the law of occupation was recently (and correctly) described in int'l law scholarship as a legal standard that has been "made for Israel." Authors here describe legal tests "made for Israel" as "attempts by

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