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59 Mil. L. & L. War Rev. 1 (2021)

handle is hein.journals/mllwr59 and id is 1 raw text is: The Military Law and the Law of War Review, Vol. 59, No. 1, 2021, pp. 1-2 Editorial Welcome to issue 59-1 of The Military Law and the Law of War Review. We are pleased to present an issue that is rich in diversity - diversity in terms of the authors' professional backgrounds (including military experts, scholars and legal prac- titioners), their geographical roots (spreading over several continents), as well as in terms of substantive focus (ranging from the law of armed conflict and criminal law, to arms control law etc.). We hope all of our readers will find something in this issue to enjoy - and hope that it may bring some welcome distraction from the COVID-19 crisis, which continues to dominate the news cycle and which has held us all in its grip for well over a year now. We open the issue with an article by Captain Gunnar Carroll of the US Army evaluating the United States policy toward the use of white phosphorus munitions, particularly in the context of urban warfare. Apart from explaining the US policy on this delicate issue, the author examines its compatibility with existing IHL treaties and the bedrock principles of the law of armed conflict more generally, such as the prohibition of unnecessary suffering. The author also compares the US approach to that of other leading militaries around the globe. Subsequently, Major Gary Pattison of the Canadian Armed Forces challenges the view according to which 'soldier self-defence' must always prevail over any command-imposed restrictions on the use of force. According to the author, such an 'absolutist' theory of soldier self-defence is legally wrong, and the justifiability of soldier disobedience to such orders cannot simply be assumed. Rather, the author argues, the question is not so much whether the chain of command may restrict soldiers' use of defensive force but when and to what degree. The third article in our issue turns to (international) criminal law. Specifically, Ezdchiel Amani Cirimwami and Pacifique Muhindo Magadju, both of whom are also sitting Judges in the Democratic Republic of Congo (DRC), tackle the widespread use of sexual violence by armed groups in the DRC. Having regard to several legislative measures by the Congolese authorities, the authors assess the progress made in prosecuting rape as a war crime. They identify several advances (e.g., in terms of victim participation in proceedings), as well as challenges and shortcomings (e.g., in terms of reparation for victims), while also offering specific proposals for reform. From the domain of criminal law we move to arms control law. Vanessa Sant'Anna Bonifacio-Tavares turns to the nuclear tests prohibition enshrined in the 1996 Com- prehensive Test Ban Treaty (CTBT). In particular, the author examines how, notwith- standing the high bar for the CTBT's entry into force (which has not yet been triggered), the Pact has become an important component of the global disarmament and non-proliferation regime. Recreating the cycle of nuclear test talks in past decades, and borrowing in part from Kelman's theory on social conformity, the author examines how this instrument has prompted such a generalized level of compliance. We conclude issue 59-1 with two pieces on cyber warfare. First, Triantafyllos Kouloufakos examines cyber operations from the perspective of the law on the use of force (jus ad bellum). According to the author, cyber-attacks that involve severe disruption of essential services or infrastructures may qualify as uses of force in the sense of Article 2(4) of the UN Charter, even when no material damage to property © 2021 The Author Journal compilation © 2021 Edward Elgar Publishing Ltd The Lypiatts, 15 Lansdown Road, Cheltenham, Glos GL50 2JA, UK and The William Pratt House, 9 Dewey Court, Northampton MA 01060-3815, USA

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