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
US Secretary of the Army Mark Esper, nominee to be Secretary of Defense, testifies during a Senate Armed Services Committee confirmation hearing on Capitol Hill in Washington, DC, July 16, 2019.

What Did We Learn About Mark Esper and How He Views the World?

From Iran to Afghanistan to collective self-defense, the big takeaways from the Senate confirmation hearing for Mark Esper, nominated by the president to be defense secretary.…
Hundreds of people gather in lower Manhattan for a "Lights for Liberty" protest against migrant detention camps and the impending raids by Immigration and Customs Enforcement (ICE) this coming weekend in various cities on July 12, 2019 in New York City.

The Supreme Court Just Made It Easier to Conceal Abuse of Migrant Detainees

The U.S. Supreme Court has reversed a half-century of precedent on citizens’ rights to know what their government is doing, by making it more difficult for the public to probe…
The seals of the U.S. Cyber Command, the National Secrity Agency and the Central Security Service.

U.S. Offensive Cyber Operations against Economic Cyber Intrusions: An International Law Analysis – Part II

Part I demonstrated that the United States is likely to struggle to make a convincing argument that economic cyber intrusions carried out against it breach international law. Consequently,…
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Blocking or Aiding Asylum Seekers? The U.S.-Canada “Safe Third Country” Agreement and Examples from Europe

The Trump administration's new asylum regulation attempts an end run around the statutory requirements of an actual “Safe Third Country” agreement. Here's how such an agreement…
A caravan of more than 1,500 Honduran migrants moves north after crossing the border from Honduras into Guatemala on October 15, 2018 in Esquipulas, Guatemala.

“Safe Third Country” Agreements with Mexico and Guatemala would be Unlawful

The Trump Administration is seeking "safe third country" agreements with Mexico and Guatemala to keep Central American asylum seekers from reaching the country - they can't meet…
Jordan's King Abdullah II and Sudanese President Omar al-Bashir attend a welcome ceremony at the Queen Alia International Airport in Amman on March 28, 2017 ahead of talks on the eve of the Arab League summit.

Why the ICC’s Judgment in the al-Bashir Case Wasn’t So Surprising

A look at why the Appeals Chamber of the International Criminal Court made the right decision when it decided Jordan should have arrested then-Sudanese President Omar al-Bashir…
The seals of the U.S. Cyber Command, the National Secrity Agency and the Central Security Service.

U.S. Offensive Cyber Operations against Economic Cyber Intrusions: An International Law Analysis – Part I

On June 11, 2019, White House National Security Adviser John Bolton announced that U.S. offensive cyber operations would be expanded beyond countering election interference to…
A sign reading, “Government property no trespassing,” is posted at the U.S. Border Patrol station where lawyers reported that detained migrant children had been held unbathed and hungry in Clint, Texas. June 26, 2019

We Treat America’s Wartime Detainees Better Than Migrant Children

Migrant children held in temporary government custody should be detained in conditions superior to those of enemy fighters detained during wartime. Today, it appears they are not.…
US army elite team members participate in the 2011 Commando Forces competition in San Salvador, on June 21, 2011.

The Massive Perils of the Latest U.N. Resolution on Terrorism

A newly proposed U.N. Security Council resolution expanding anti-terrorism requirements for member States targets the nexus with organized crime. But like so many counterterrorism…
General Amir Ali Hajizadeh, Iran's Head of the Revolutionary Guard's aerospace division, looks at debris from a downed US drone reportedly recovered within Iran's territorial waters and put on display by the Revolutionary Guard in the capital Tehran on June 21, 2019.

Self-Defense in International Law: What Level of Evidence?

With the question of whether Iran's actions justify the use of force, the issue of evidence is once again at the forefront of international debate. So, how much evidence does a…
Iran's Ambassador to the United Nations Majid Takht Ravanchi holds up maps of the Strait of Hormuz while speaking to the media before a meeting with other UN members on the escalating situation with the United States At United Nation headquarters on June 24, 2019 in New York City.

Iran’s Shifting Views on Self-Defense and ‘Intraterritorial’ Force

Iran’s justification for shooting down a US drone suggests a subtle shift in its understanding of international law.
A laptop displays a message after being infected by a ransomware as part of a worldwide cyberattack on June 27, 2017 in Geldrop.

Cyberattack Attribution and the Virtues of Decentralization

In the midst of rising tensions between the United States and Iran over tanker attacks and Iran’s downing of a U.S. drone, reports emerged that U.S. Cyber Command had launched…
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