International Law

Just Security offers expert analysis of international law and its role in addressing global challenges. Our coverage includes litigation in international and regional tribunals, the process of international law-making, analysis of compliance and accountability for international law violations–including international criminal justice, and challenges to the international legal order.

International Criminal Law International Human Rights Law Law of Armed Conflict/IHL Use of Force

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Legal blind justice Themis metal statue with scales on chains

Litigation Tracker: Major Decisions Facing the Biden Administration

The Biden administration must decide whether to change course or maintain the Trump administration’s litigation approach in major Trump-era cases concerning national security…

Nov. 19, 2021 Karl Mihm, Justin Cole and 5 more

Migrants aiming to cross into Poland gather at the Bruzgi-Kuznica border crossing on the Belarusian-Polish border in the Grodno region on November 16, 2021. - Belarus OUT (Photo by Maxim GUCHEK / BELTA / AFP) / Belarus OUT (Photo by MAXIM GUCHEK/BELTA/AFP via Getty Images)

Stirring Trouble at the Border: Is Belarus in Violation of International Law? – Part 2

Is Belarus violating its bilateral and human rights commitments at the border?

Nov. 19, 2021 Aurel Sari and Ben Hudson

Image: Polish law enforcement officers stand at the frontier at the Bruzgi-Kuznica border crossing where migrants gathered aiming to cross into Poland, in the Grodno region on November 16, 2021. (Photo by MAXIM GUCHEK/BELTA/AFP via Getty Images)

Stirring Trouble at the Border: Is Belarus in Violation of International Law? – Part 1

Belarus has been criticized for using desperate migrants to pressure EU borders. But is it breaking international law by doing so?

Nov. 16, 2021 Aurel Sari and Ben Hudson

Questions on the Baghuz Strikes

A list of specific questions for members of Congress, reporters, and investigators to ask about the strike.

Nov. 15, 2021 Brianna Rosen, Luke Hartig and 2 more

Colombian President Ivan Duque (L) and International Criminal Court Prosecutor Karim Khan exchange signed agreements between the national government and the International Criminal Court at the Nariño presidential palace in Bogota, on October 28, 2021. (Photo by JUAN BARRETO/AFP via Getty Images)

Closure for Colombia, New Scrutiny for Venezuela: ICC Investigations in Latin America

Both decisions were controversial but also innovative, and created a new panorama in the region going forward.

Nov. 15, 2021 Naomi Roht-Arriaza

Taiwanese military vehicles take part in a national day parade in front of the Presidential Palace in Taipei on October 10, 2021.

Unilateral Use of Force in the “National Interest”: Taiwan Doesn’t Meet the Test

Can the President use force to protect Taiwan in the "national interest" without congressional authorization?

Nov. 12, 2021 Katherine Yon Ebright

International Criminal Court Prosecutor Karim Khan listens to the President of the Special Peace Jurisdiction Eduardo Cifuentes during a press conference in Bogota, October 27, 2021.

Uncertain Future for the ICC’s Investigation into the CIA Torture Program

The ICC Office of the Prosecutor has "deprioritized" investigation of CIA torture in Afghanistan. But Julian Elderfield, a former attorney in the OTP, says the stated reasons for…

Nov. 12, 2021 Julian Elderfield

Reexamining the Fundamentals of the Drone Program After the Kabul Strike

"There are certainly unique circumstances to the Kabul strike, but if we miss the bigger lessons, we only invite further tragedy. "

Nov. 10, 2021 Luke Hartig

Afghan refugee women embrace at the old Vathy camp, as one is waiting to be transferred to the new Samos RIC, the first of five new 'closed' migrant camps, on the island of Samos, Greece, on September 20, 2021.

Living in Limbo: The Impact of Greece’s Safe Third Country Policy on Afghan Asylum Seekers

Designating Turkey as a safe third country is Greece's latest attempt to shift its obligations under international and European law.

Nov. 10, 2021 Kristie Bluett

Partially burnt footwear are pictured amid the debris of the house of Ezmarai Ahmadi that was damaged in a US drone strike in the Kwaja Burga neighbourhood of Kabul on September 18, 2021.

Hidden Negligence: Aug. 29 Drone Strike is Just the Tip of the Iceberg

A deep analysis of the broader system in which the August 29 Kabul drone strike is situated, by top expert on civilian casualties and lead author of several Department of Defense…

Nov. 9, 2021 Larry Lewis

A letter dated October 29, 2021. It reads, “From: Panel ICO U.S. vs. Khan; To: Convening Authority; The panel members listed below recommend clemency in the case of Majid Shoukat Khan. Mr. Kahn committed serious crimes against the U.S. and partner nations. He has plead guilty to these crimes and taken responsibility for his actions. Further, he has expressed remorse for the impact of the victims and their families. Clemency is recommended with the following justification: 1) Mr. Khan has been held without the basic due process under the U.S. Constitution. Specifically, he was held without charge or legal representation for nine years until 2021, and held without final sentencing until October 2021. Although designated on ‘alien unprivileged enemy belligerent,’ and not technically afforded the rights of U.S. citizens, the complete disregard for the foundational concepts upon which the Constitution was founded is an affront to American values and concept of Justice. 2) Mr. Khan was subjected to physical and psychological abuse well beyond approved enhanced interrogation techniques, instead being closer to torture performed by the most abusive regimes in modern history. This abuse was of no practical value in terms of intelligence, or any other tangible benefit to U.S. interests. Instead, it is a stain on the moral fiber of America; the treatment of Mr. Khan in the hands of U.S. personnel should be a source of shame for the U.S. government. 3) Mr. Khan committed his crimes as a young man reeling from the loss of his mother. A vulnerable target for extremist recruiting, he fell to influences furthering Islamic radical philosophies, just as many others have in recent years. Now at the age of 41 with a daughter he has never seen, he is remorseful and not a threat for future extremism. It is the view of the penal members below that clemency be granted based on the points above, as well as Mr. Khan’s continued cooperation with us efforts in other, more critical, prosecutions. Panel #1, Panel #8, Panel #5, Panel #9, Panel #12, Panel #4, Panel #11.”

Military Officers’ Handwritten Clemency Letter at Guantanamo – What It Says About Who We Are

"A long step toward the ultimate freedom: the realization that there is no them, there is only us."

Nov. 8, 2021 Joseph Margulies

Air Force Inspector General Lt. Gen. Sami D. Said speaks during a press briefing at the Pentagon, Washington D.C., November 3, 2021. An American flag stands beside him.

The Missing Kabul Drone Strike Report

"It is simply not credible that the entire investigative report must be withheld in order to protect (as one imagines the claim) sources and methods of intelligence-gathering."

Nov. 5, 2021 Eugene R. Fidell

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