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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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3,521 Articles
Just Security

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…
US Secretary of State Mike Pompeo arrives to announce the creation of the "Iran Action Group" during a press briefing at the State department in Washington, DC, August 16, 2018.

Unpacking the State Dept Acknowledgment that 2001 and 2002 AUMFs Don’t Authorize War Against Iran

An analysis of State Dept's major concession, whether the one stated exception is a loophole for military action, and what Congress should now do.
Central American migrant families arrive at a Catholic Charities respite center after being released from federal detention on June 12, 2019, in McAllen, Texas.

Top Expert Backgrounder: Children in Immigration Detention — What are the International Norms?

Vice Chair of the United Nations Committee Against Torture, Felice Gaer, writing in her personal capacity.
Just Security

The Missing Piece in US-Iran Drone Dispute: Navigational Freedoms and the Strait of Hormuz

"Even if the drone flew only across 'international airspace,' significant legal questions arise as to whether its activities violated the rules for transit and what legal recourse…
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