Guest Post

Highlights:

Trump participates in a meeting with Senior Military Leadership and the National Security Team in the Cabinet Room of the White House in Washington DC, May 9th, 2020.

Beyond Color-Blind National Security Law

"[I]nternational and national security legal regimes have always been steeped in racial connotation, even if rarely acknowledging as much. This raises the question of what a different…
Activists in orange jumpsuits and black hoods gather in front of the Federal Building in Los Angeles, California for a demonstration marking the 17th anniversary of the opening of the Guantanamo Bay military base in Cuba.

IACHR Condemns Guantánamo Abuses in First “War on Terror” Decision

On May 27, the Inter-American Commission on Human Rights (IACHR) issued a long-awaited decision in which it held the United States internationally responsible for the torture and…
A garden around a makeshift memorial to George Floyd, built by a nonprofit youth empowerment group, is pictured near the site where he died in police custody, in Minneapolis, Minnesota on June 17, 2020.

Transitional Justice, Race, and the United States

As a scholar of transitional justice, I am heartened by efforts to de-exceptionalize the United States and to bring race and anti-Black racism into conversation with international…
Demonstrators protest against police brutality on June 11, 2020 in New Haven, Connecticut. Protesters hold signs reading, "Stop Killing Us," and "La policia no me cuida."

The Supreme Court’s Insidious Development of Qualified Immunity

The American policing and criminal justice system is a complex machine, soldered together from a variety of tools and tactics of oppression. By purpose, design, and effect, the…
Police without mask fasks watch protesters in face masks on June 6, 2020 in Brooklyn NY. A protester on a bike has a sign reading, "Defund the NYPD."

Researchers on Atrocity Prevention Warn: US on Path to Widespread Political Violence

The United States remains on the precipice of widespread human rights violations against its own civilian population. As scholars of armed conflict and human rights with a combined…
Side by side images of protests in Hong Kong and in New York City both on June 4th 2020. Protesters in both images wear face masks. In the Hong Kong demonstration, one person holds a sign reading (translated), “Five demands, not one less.” In the BLM protest in NYC, a sign has “NYPD” with a red circle and cancel line through it. It is night in Hong Kong and day in NYC.

Standing, Not-Standing with the Protesters: U.S. Policy on Hong Kong and BLM

... the PRC’s own hypocrisy is no reason to abandon Hong Kong. But if the U.S. government seeks to play a constructive role, it needs to check off certain items. First and foremost,…
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The entrance near the new courtroom at Guantanamo Bay, Cuba.

Jurisdiction at Guantanamo: The Case of Long-Term Complicity

The commission should stop asking whether the acts of facilitation occurred during an armed conflict. Rather, the commission should be asking whether the defendants facilitated…
A person on a ship faces a migrant boat-tent as the ship moves closer towards it. The sky is dark and the life boat tent is lit up to give an orange glow.

Tents at Sea: How Greek Officials Use Rescue Equipment for Illegal Deportations

Niamh Keady-Tabbal and Itamar Mann expose the latest Greek abuse of migrants: forcing them onto rafts and leaving them adrift in the Aegean.
Supporters of Myanamr military including retired military personnel display a banner denouncing facebook's alleged political meddling during a rally in Yangon on September 11, 2018.

Why Facebook’s Oversight Board is Not Diverse Enough

The current membership is insufficiently representative, particularly of Southeast Asia, and overwhelmingly American for a body that purports to be global and independent of Facebook.…
Gavel and stethoscope

Don’t Bother Suing China for Coronavirus

"Simply put, any scholar or practitioner with working knowledge of the law of foreign sovereign immunity would have taken one look at the headlines about these lawsuits (as I did)…
A nearly empty Times Square is seen on March 23, 2020 in New York City. It is raining and the streets are wet. An electronic billboard reads, “Thank You #HealthCare Workers!” Other electronic billboards show ads for various products. The lights from the billboards can be seen reflected in the water on the street.

China’s Responsibility for the Global Pandemic

The world is now grappling with an unprecedented case of transboundary harm that originated in China: the still-growing global COVID-19 pandemic. This essay considers how the international…
A nurse checks a computer screen during a COVID-19 novel coronavirus test at a testing booth outside Yangji hospital in Seoul on March 17, 2020. The booth is set up with plastic between the nurse and the patient with glove hand portals similar to intensive care units for babies or those with cancer. The nurse is in a full body jumpsuit, wears a mask, a face shield, and gloves.

Cyber Attacks against Hospitals and the COVID-19 Pandemic: How Strong are International Law Protections?

Experts have already warned of indications that some “coronavirus-themed cyberattack campaigns” may have been carried out by States. At this stage, however, no such allegation…
A conveyer belt at Bisha Mine, Eritrea's first major international mine, 150 kilometres west of Asmara is pictured on July 17, 2013.

Supreme Court of Canada Recognizes Corporate Liability for Human Rights Violations

While it seems clear that international human rights norms apply to corporations just as they apply to natural persons. But it is up to each nation to decide whether and how to…
Kitchen staff prepare food while wearing protective clothing at a restaurant in the Yemeni capital Sanaa on March 24, 2020 amid the COVID-19 coronavirus pandemic.

COVID-19 and Humanitarian Access in Starvation-Affected Countries: Part 1 – Yemen

The blanket denial of appropriate humanitarian aid distribution and personnel access by parties to the ongoing conflict in Yemen, citing the COVID-19 pandemic, could exacerbate…
US Special Representative for Afghanistan Reconciliation Zalmay Khalilzad and Taliban co-founder Mullah Abdul Ghani Baradar shake hands after signing a peace agreement during a ceremony in the Qatari capital Doha on February 29, 2020.

The U.S.-Taliban Agreement: Not a Ceasefire, or a Peace Agreement, and Other International Law Issues

Beatrice Walton explains the continuing lack of clarity concerning the terms of the recent Afghan peace deal and its potential effects moving forward.
Appeals Chamber of the International Criminal Court (ICC) hearing to receive oral arguments in the appeals of victims and of the Prosecutor against Pre-Trial Chamber II's "Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in the Islamic Republic of Afghanistan". The Appeals Chamber in this appeal is composed of Judge Piotr Hofmański, Presiding judge, Judge Howard Morrison, Judge Luz del Carmen Ibáñez Carranza, Judge Solomy Balungi Bossa and Judge Kimberly Prost. December 4, 2019

The “Interests of Justice” at the ICC: A Continuing Mystery

David Luban explains how the ICC Appeals Chamber missed an opportunity to clarify what "interests of justice" the Prosecutor must consider in authorizing an investigation in the…
In this photograph, what appears to be a big explosion is an electromagnetic railgun is fired at 10.64 megajoules with a muzzle velocity of 2,520 meters per second at Naval Surface Warfare Center, Dahlgren, VA. January 31, 2008.

The Complex Policy Questions Raised by Nuclear Energy’s Role in the Future of Warfare

Military planners are eyeing a new generation of energy-dense nuclear reactors to power future high-energy weapons, despite potential policy and legal challenges to doing so.
A pile of copper dust at Bisha Mine, Eritrea's first major international mine, 150 kilometres west of Asmara on July 17, 2013.

Crossing the Rubicon: Major Developments on the Human Rights Obligations of Corporations

Two significant legal developments in the Americas — a Canadian Supreme Court judgment issued last week, and a report of the Inter-American human rights system — will…
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