Dustin A. Lewis is the Research Director for the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC). With a focus on public international law sources and methods, Dustin leads research into several wide-ranging contemporary challenges related to securing peace, protecting civilians, regulating hostilities, supporting humanitarian services, safeguarding the environment, and ending armed conflicts.
In addition to managing the program’s research, publications, and online platforms, Dustin regularly briefs governments, United Nations-system actors, scholars, members of the media, and non-governmental organizations. He also helps administer the program and, since 2014, has supervised over 150 research assistants. Dustin contributes extensively to events and case studies, including by serving as the program’s lead organizer for a series of senior workshops — on detention at Guantánamo Bay, military activities in outer space, artificial intelligence in war, partnered warfare, urban sieges, large-scale combat operations, and the Geneva Conventions’ 75th anniversary — co-convened by HLS PILAC, the International Committee of the Red Cross Delegation in Washington, D.C., and military educational institutions. In addition to being a peer reviewer for academic publishers, he also takes part in a handful of expert initiatives.
Dustin is an Associate Senior Researcher in the Governance of Artificial Intelligence Program at the Stockholm International Peace Research Institute (SIPRI). He is an honors graduate of Harvard College and Utrecht University School of Law. Dustin’s pronouns are he/him/his.
Biography last updated: March 2024.
Contact
E-mail: dlewis@law.harvard.edu.
Legal Research Fields
International humanitarian law/law of armed conflict/jus in bello
International criminal law
International law pertaining to (non-)use of force (jus ad bellum/jus contra bellum)
International human rights law
Responsibility of states and international organizations
International legal aspects concerning (counter)terrorism
The United Nations
Lecture for the U.N. Audiovisual Library of International Law
Select Publications
HLS PILAC
Reports, Briefings, and Commentaries
“Resolution 2664 (2022) and Counterterrorism Measures: An Analytical Frame for States,” Harvard Law School Program on International Law and Armed Conflict, March 2024 (co-author with Radhika Kapoor and Naz K. Modirzadeh)
“An Interpretive Note for U.N. Member States on Security Council Resolution 2664 (2022),” Harvard Law School Program on International Law and Armed Conflict, March 2023 (co-author with Radhika Kapoor and Naz K. Modirzadeh)
“Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council,” December 2021 (co-author with Radhika Kapoor and Naz K. Modirzadeh)
“Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law,” May 2021 (co-author with Naz K. Modirzadeh)
“Preparing for a Twenty-Four-Month Sprint: A Primer for Prospective and New Elected Members of the United Nations Security Council,” December 2020 (co-author with Will Ossoff and Naz K. Modirzadeh)
“Three Pathways to Secure Greater Respect for International Law concerning War Algorithms,” Legal Commentary, 2020
“The Counter-Terrorism Committee Executive Directorate and International Humanitarian Law: Preliminary Considerations for States,” Legal Briefing, March 2020 (co-author with Naz K. Modirzadeh and Jessica S. Burniske); see a related blog entry on Lawfare
“Quantum of Silence: Inaction and Jus ad Bellum,” July 2019 (co-author with Naz K. Modirzadeh and Gabriella Blum) (including Annex of apparent “article 51 communications”)
“Armed Non-State Actors and International Human Rights Law: An Analysis of the Practice of the U.N. Security Council and the U.N. General Assembly,” June 2017 (co-author with Jessica S. Burniske and Naz K. Modirzadeh)
“Indefinite War: Unsettled International Law on the End of Armed Conflict,” Legal Briefing, Harvard Law School Program on International Law and Armed Conflict, February 2017 (co-author with Gabriella Blum and Naz K. Modirzadeh); see also a related Lawfare post
“War-Algorithm Accountability,” Research Briefing, Harvard Law School Program on International Law and Armed Conflict, August 2016 (co-author with Gabriella Blum and Naz K. Modirzadeh). See also related Lawfare post and PHAP Expert Briefing question-and-answer
“Suppressing Foreign Terrorist Fighters and Supporting Principled Humanitarian Action: A Provisional Framework for Analyzing State Practice,” Briefing Report, Harvard Law School Program on International Law and Armed Conflict, October 2015 (co-author with Jessica Burniske and Naz K. Modirzadeh)
“Medical Care in Armed Conflict: International Humanitarian Law and State Responses to Terrorism,” Legal Briefing, Harvard Law School Program on International Law and Armed Conflict, September 2015 (co-author with Naz K. Modirzadeh and Gabriella Blum). See also related Lawfare post; Lawfare podcast; Bill of Health Blog post; and PHAP Online Expert IHL Briefing
Compilations, Catalogues, Databases, and Finding Aids
“HLS PILAC Catalogue of Practice of the U.N. Security Council Concerning the Environment, 1945–2021, With an Accompanying Finding Aid” (Editors: Radhika Kapoor and Dustin A. Lewis), HLS PILAC, April 2023
“A Compilation of Materials Apparently Reflective of States’ Views on International Legal Issues pertaining to the Use of Algorithmic and Data-reliant Socio-technical Systems in Armed Conflict” editor, December 2020
“Database of States’ Statements (August 2011–November 2016) concerning Use of Force in Relation to Syria,” project director, May 2017
“International Counterterrorism Efforts: An Initial Mapping,” editor and project director, February 2015
Case-Study Simulation Exercises
“Civilian Protection in Partnered Conflicts: Case-Study Simulation Exercise,” Harvard Law School Case Studies Program, October 2018 (co-author)
“Somalia in Crisis: Famine, Counterterrorism, and Humanitarian Aid: Case-Study Simulation Exercises,” Harvard Law School Case Studies Program, February 2015 (co-author):
Part A: General Background Document
Part B1: The National Security Council Dilemma
Part B2: The NGO General Counsel Dilemma
Other Research and Policy Publications
Chapters in Edited Volumes
On “Responsible A.I.” in War: Exploring Preconditions for Respecting International Law in Armed Conflict, in The Cambridge Handbook of Responsible Artificial Intelligence: Interdisciplinary Perspectives (Silja Voeneky, Philipp Kellmeyer, Oliver Mueller, and Wolfram Burgard eds., Cambridge University Press, 2022)
Preconditions for Applying International Law to Autonomous Cyber Capabilities, in Autonomous Cyber Capabilities under International Law (Rain Liivoja and Ann Väljataga eds., NATO Cooperative Cyber Defence Centre of Excellence, 2021)
Jurisdictional Arrangements and International Criminal Procedure, in International Criminal Procedure: Principles and Rules (Göran Sluiter, Håkan Friman, Suzannah Linton, Sergey Vasiliev, and Salvatore Zappalà eds., Oxford, 2013), pp. 116–128, published as part of the International Criminal Procedure Expert Framework (co-author, with Sarah M. H. Nouwen)
Journal Articles, Opinion Notes, and Position Papers
“The practice of the UN Security Council pertaining to the environment and armed conflict, 1945–2021,” International Review of the Red Cross (2023) (co-author, with Radhika Kapoor)
“War Crimes Involving Autonomous Weapons: Responsibility, Liability and Accountability,” Journal of International Criminal Justice (2023) (Special Issue on autonomous weapons and responsibility issues edited by Paola Gaeta and Marta Bo)
“Responsible reliance concerning development and use of AI in the military domain,” 25 Ethics and Information Technology 8 (2023) (co-author, with Vincent Boulanin)
“Humanitarian values in a counterterrorism era,” 103 International Review of the Red Cross 403 (2021) (co-author with Naz K. Modirzadeh)
“International legal regulation of the employment of artificial-intelligence-related technologies in armed conflict,” Moscow Journal of International Law No. 2, pp. 53–64 (2020)
“The notion of ‘protracted armed conflict’ in the Rome Statute and the termination of armed conflicts under international law: An analysis of select issues,” 101 International Review of the Red Cross 1091 (2020)
“Humanitarian engagement under counter-terrorism: a conflict of norms and the emerging policy landscape,” 93 International Review of the Red Cross 623 (Sept. 2011) (co-author)
“Unrecognized Victims: Sexual Violence against Men in Conflict Settings under International Law,” 27 Wisconsin International Law Journal 1 (2009)
In Proceedings
A Key Set of IHL Questions concerning AI-supported Decision-making, in 51 Collegium (Proceedings of the Bruges Colloquium) 80 (Autumn 2021)
“Criminalization” of Humanitarian Action under Counterterrorism Frameworks: Key Elements and Concerns, 112 American Society of International Law Proceedings 268 (2018)
Floor, Sword, Compass, Shield: Evaluating the Contribution of the 1977 Additional Protocols to the Respect of Medical Activities in Line with Medical Ethics, in 48 Proceedings of the Bruges Colloquium 37 (2018)
Humanitarian Exemptions from Counter-terrorism Measures: A Brief Introduction, in 47 Proceedings of the Bruges Colloquium 141 (2017)
United Nations Audiovisual Library of International Law
“The End of an Armed Conflict under International Law,” Codification Division of the United Nations Office of Legal Affairs, U.N. Audiovisual Library of International Law, lecture (Dec. 12, 2022)
Humanitarian Practice Network Paper
“Counter-terrorism laws and regulations: what aid agencies need to know,” Humanitarian Practice Network Paper, Overseas Development Institute, No. 79, November 2014 (co-author)
Counterterrorism and Humanitarian Engagement Project Research and Policy Papers
“An Analysis of Contemporary Counterterrorism-related Clauses in Humanitarian Grant and Partnership Agreement Contracts,” Research and Policy Paper, Counterterrorism and Humanitarian Engagement Project, May 2014 (unattributed)
“An Analysis of Contemporary Anti-Diversion Policies and Practices of Humanitarian Organizations,” Research and Policy Paper, Counterterrorism and Humanitarian Engagement Project, May 2014 (unattributed)
Working Group Briefing Memoranda
Katie King with Naz K. Modirzadeh and Dustin A. Lewis, “Understanding Humanitarian Exemptions: U.N. Security Council Practice and Principled Humanitarian Action,” Working Group Briefing Memorandum, Counterterrorism and Humanitarian Engagement Project, April 2016
Select Blog Posts
“The U.N. Security Council Adopts a Standing Humanitarian ‘Carve-out’,” Lawfare, December 13, 2022 (co-author)
“An Enduring Impasse on Autonomous Weapons,” Just Security, Sept. 28, 2020
“AI and Machine Learning Symposium: Why Detention, Humanitarian Services, Maritime Systems, and Legal Advice Merit Greater Attention,” Opinio Juris Blog, April 28, 2020
“Counterterrorism and Humanitarian Action: Will 2020 Be a Turning Point for International Humanitarian Law at the United Nations?,” Lawfare, March 31, 2020 (co-author)
“Legal reviews of weapons, means and methods of warfare involving artificial intelligence: 16 elements to consider,” Humanitarian Law and Policy Blog, March 21, 2019
“Expert views on the frontiers of artificial intelligence and conflict,” Humanitarian Law and Policy Blog, March 19, 2019 (co-author)
“The Pentagon’s New Algorithmic-Warfare Team,” Lawfare, June 26, 2017 (co-author)
“Indefinite War,” Lawfare, February 27, 2017 (co-author)
“Accountability for Algorithmic Autonomy in War,” Lawfare, September 12, 2016 (co-author)
“Amid Investigations of Hospital Bombings, Don’t Lose Sight of Key Principles,” Lawfare, October 30, 2015 (co-author)
“PILAC Report on Wartime Medical Care for Terrorists,” Bill of Health Blog, October 5, 2015
“Medical Care in Armed Conflict: IHL and State Responses to Terrorism,” Lawfare, September 8, 2015 (co-author)
Select Audio Recordings
Codification Division of the United Nations Office of Legal Affairs, U.N. Audiovisual Library of International Law, The End of an Armed Conflict under International Law (Dec. 12, 2022), https://soundcloud.com/un_avl/dustin-a-lewis-the-end-of-an-armed-conflict-under-international-law (lecture by Dustin Lewis).
Law and the Future of War, Episode 20: War Algorithms, University of Queensland’s School of Law (June 16, 2022), https://www.buzzsprout.com/1403818/10705281-war-algorithms-dustin-lewis (with Dustin Lewis).
Humanity in War, Episode 1: Humanitarian Values in a Counterterrorism Era, International Review of the Red Cross (May 18, 2022), https://soundcloud.com/user-134233261/humanitarian-values-in-a-counterterrorism-era (with Naz Modirzadeh and Dustin Lewis).
2021 Stockholm Security Conference “Battlefields of the Future,” The AI Conundrum: Algorithms and Human Responsibility in Armed Conflicts, Stockholm International Peace Research Institute (Dec. 15, 2021), https://www.youtube.com/watch?v=LusTdJ6blWA (with Dustin Lewis).
Lethal Autonomous Weapons, Episode 6: Who Is Responsible for Lethal Autonomous Weapons?, Lethal Autonomous Weapons: 10 Things We Want to Know (Oct. 13, 2021), https://laws10.simplecast.com/episodes/episode-6-who-is-responsible-for-lethal-autonomous-weapons-b96wrAPW (with Dustin Lewis).
Annual Cyber Conference: Trends and Challenges in Regulation of Quasi-Sovereign Powers in the Face of New Technological and Cyber Developments, Panel on Challenges in the Regulation of Artificial Intelligence and Cyber Capabilities in the Battlefield, The Federmann Cyber Security Center Law Program (May 13, 2021), https://www.youtube.com/watch?v=I1Kl2tVdbmE (with Dustin Lewis).
CyFy 2018, Algorithms, AI and Armed Conflict, Observer Research Foundation (Oct. 15, 2018), https://www.youtube.com/watch?v=_8gLoIRvAfI (with Dustin Lewis).
Online Expert Briefing, War Algorithms and International Law: Accountability for Technical Autonomy in Armed Conflict, Professionals in Humanitarian Assistance and Protection (Nov. 1, 2016), https://phap.org/PHAP/Events/OEV2016/OEV161101.aspx?EventKey=OEV161101 (with Naz Modirzadeh and Dustin Lewis).
Online Expert Briefing, The Humanitarian Exemptions Debate, Professionals in Humanitarian Assistance and Protection (July 19, 2016), https://phap.org/PHAP/Events/OEV2016/OEV160719.aspx?EventKey=OEV160719 (with Naz Modirzadeh and Dustin Lewis).
PHAP Expert IHL Briefing, International Law at the Vanishing Point of War, Professionals in Humanitarian Assistance and Protection (Feb. 23, 2016),https://phap.org/PHAP/Events/OEV2016/OEV160223.aspx?EventKey=OEV160223 (with Naz Modirzadeh and Dustin Lewis).
PHAP Expert IHL Briefing, Suppressing Foreign Terrorist Fighters and Supporting Principled Humanitarian Action, Professionals in Humanitarian Assistance and Protection (Dec. 17, 2015), https://phap.org/PHAP/Events/OEV2015/OEV151217.aspx?WebsiteKey=8052120b-9239-4731-a3ab-1336a529e920 (with Naz Modirzadeh and Dustin Lewis).
Online Expert Briefing, Medical Care in Armed Conflict: IHL and State Responses to Terrorism, Professionals in Humanitarian Assistance and Protection (Nov. 3, 2015), https://phap.org/PHAP/Events/OEV2015/OEV151103.aspx?WebsiteKey=8052120b-9239-4731-a3ab-1336a529e920 (with Naz Modirzadeh and Dustin Lewis).
The Lawfare Podcast, A Band-Aid for a Bomber: Is Medical Assistance to Terrorists Protected Under IHL?, Lawfare (Sept. 12, 2015), https://www.lawfareblog.com/lawfare-podcast-band-aid-bomber-medical-assistance-terrorists-protected-under-ihl (with Gabriella Blum and Dustin Lewis).