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.

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3,512 Articles
Family members and comrades attend the funeral of eight members of the People's Protection Units (YPG), that were buried in a martyrs' cemetery on November 8, 2015 in Derek, Rojava, Syria.

Northeastern Syria: Complex Criminal Law in a Complicated Battlespace

Regardless of which countries try which members of ISIS, the international community needs to begin taking more decisive action if it is serious about bringing members of ISIS…
Trump makes a statement in the Diplomatic Reception Room of the White House October 27, 2019 in Washington, DC.

How Trump’s Gilding the Lily on Baghdadi Death Will Return to Haunt Americans

I handled State Dept’s public messaging after we killed bin Laden. I know the risks.
People hold a Turkish flag as they give their support to the Turkish military during the deployment of tanks to Syria on October 12, 2019 in Akcakale, Turkey.

Assessing Turkey’s “Resettlement” Plans in Syria under the Law of Occupation

Turkey's "resettlement plan" for northern Syria - involving the transfer of at least 1 million refugees to the area within Syria it intends to control - is unlawful under the international…
Sri Lankan Defence Ministry Secretary Gotabaya Rajapaksa rides in a jeep during a Victory Day parade rehearsal in Colombo on May 17, 2013. Military personnel in uniform surround him.

Suit Against Sri Lankan Presidential Candidate Rajapaksa Dismissed on Common Law Immunity Grounds

Among other deficiencies, the ruling failed to acknowledge jurisprudence from other courts indicating that jus cogens violations can never constitute “official” acts entitling…
Navy Lt. Bethany Baker monitors the location of the OC-135B Open Skies aircraft over Haiti using the Global Positioning System on a laptop Jan. 16, 2010.

Abandoning Open Skies: Trump Would Be Squandering More of Our Security Inheritance

Rumors have been swirling about President Donald Trump deciding to withdraw the United States from the Open Skies Treaty. Congress, our allies and the public have been kept in…

“With a Little Help from Our Friends”: Prosecuting the ISIL “Beatles” in U.S. Courts

Civilian prosecution in U.S. courts remains by far the best option for reliably bringing the two ISIL detainees in U.S. custody to justice. The DoJ should look closely at whether…
Cyber operations on mission in the 780th Military Intelligence Brigade operations center at Fort Meade, Maryland.

Reassessing U.S. Cyber Operations Against Iran and the Use of Force

"There is good reason to conclude the United States may have crossed the use of force threshold with this cyber operation."
Turkey-backed Syrian fighters gather on the outskirts of the key Syrian border town of Ras al-Ain on October 16, 2019 during the ongoing assault by Turkey and its allies on Kurdish-held border towns in northeastern Syria.

Turkey’s (Latest) Invasion of Syria: Aggression, Proportionality, and Legal Consequences for NATO and Third-Party States

"All States are legally required to cooperate to bring any serious breach of a peremptory norm to an end by lawful means. Conversely, States are legally prohibited from helping…
The Federal Constitutional Court in Karlsruhe, Baden-Wuerttemberg, Germany.

The German Constitutional Court on the Right of Self-Defense Against ISIS in Syria

German Constitutional Court concludes that the government has a reasonable claim that the UN Charter permits use of force in self-defense against non-state actors — at least…
Turkish soldiers are trasported in armoured personnel carriers through the town of Tukhar, north of Syria's northern city of Manbij, on October 14, 2019, as Turkey and its allies continues their assault on Kurdish-held border towns in northeastern Syria.

Turkey’s Actions Trigger All States’ Obligations to Prosecute War Crimes by Turkish Forces

Activating the global system of criminal enforcement for war crimes prosecutions
Turkey's President Recep Tayyip Erdogan arrives for the NATO summit, at the NATO headquarters in Brussels, on July 11, 2018.

Can Turkey be Expelled from NATO? It’s Legally Possible, Whether or Not Politically Prudent

Overall, the absence of a suspension and expulsion mechanism in the North Atlantic Treaty does not prevent the North Atlantic Council from suspending or terminating the membership…
The Netherlands' Minister of Foreign Affairs Stef Blok speaks during a debate about Socialist Party (SP) party chairman Murat Memis at the Senate, in The Hague, on December 26, 2019.

The Netherlands Releases a Tour de Force on International Law in Cyberspace: Analysis

The Dutch make a major contribution to interpretation and application of international law in cyberspace with careful legal analysis on topics ranging from sovereignty to the use…
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