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Uncovering a Secret U.S. Airstrike in Syria

The Lawfare Podcast

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Do You Think the U. S. Military Is a Good Partner in This?

Under customary international law, individuals who cannot be actively determined to be combatants have to be assumed to be civilians. And the us. doesn't adhere to that and believes that that is a a binding aspect of international law. So under the d o d assessment of whether civilians were killed, they require proof by a preponderance of the evidence, otherwise more likely than not, that an individual was a civilian. The really great points about how the department assesses the results of its battle assessments afterwards are also very important in this case.

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