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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A woman wears a mask and holds a banner reading "Chemical massacre in Syria" on August 28, 2013 outside the Swedish Parliament in Stockholm, during a demonstration against the mass killings in Syria. The poster also shows photos of children that died.

What is a War Crime?

A substantive approach to defining "war crimes" as serious violations of international humanitarian law could help bring a measure of justice in Syria and beyond.
Attorney General nominee William Barr (C) is sworn in prior to testifying at his confirmation hearing before the Senate Judiciary Committee January 15, 2019 in Washington, DC.

Barr’s Playbook: He Misled Congress When Omitting Parts of Justice Dep’t Memo in 1989

When Bill Barr was head of Office of Legal Counsel, he gave Congress the legal conclusions and reasoning of an important Justice Department memo but left out major portions of…

The International Criminal Court Decision on Afghanistan: Time to Start a New Conversation

I did not anticipate waking up Friday morning to news that an International Criminal Court (ICC) Pre-Trial Chamber had rejected the Prosecutor’s request to authorize an investigation…
Sudanese President Omar al-Bashir delivers a speech to the nation on February 22, 2019, at the presidential palace in the capital Khartoum.

Julian Assange and Omar al-Bashir: What Comes Next for Two Global Fugitives?

Yesterday was a breathtaking one for global criminal justice. First, British police arrested Julian Assange at the Ecuadorian embassy in London and then, just hours later, the…

The ICC’s Afghanistan Decision: Bending to U.S. or Focusing Court on Successful Investigations?

"While it will be tempting to view the judges’ decision as simply a bend to the bullying power of the U.S., there is a larger and more complicated story here about charting a…
United Nations Security Council meeting on January 25, 2019 at the United Nations in New York.

National Security at the United Nations This Week

The ICC rejects prosecutor Bensouda's request to open an investigation into the situation in Afghanistan, the UN calls for a ceasefire amid escalations in Libya, and Sudanese President…
Sudanese anti-regime demonstrators, holding up a banner calling for "Freedom, Peace and Justice" carry on with their protest on April 11, 2019 in the area around the army headquarters in Sudan's capital Khartoum.

Ouster of Sudan’s Bashir Is Only the Beginning

After 30 years in power, Sudan President Omar al-Bashir is finally out. But the coming days, weeks, and months will be precarious: concerns over the military takeover, a proliferation…
Assyrian Christians, who had fled the unrest in Syria and Iraq, attend a prayer for the 220 Assyrian Christians abducted by Islamic State group jihadists from villages in northeastern Syria in recent days, at the Saint Georges Assyrian Church in Jdeideh, northeast of the Lebanese capital Beirut on February 26, 2015. One person holds a sign reading, “Assyrian Genocide 1915 Never Again!”

Accountability for War Crimes in Syria: The “Criminalization” Confusion

A new approach to defining what constitutes a "war crime" is needed to ensure domestic courts can provide accountability for war crimes committed in Syria.
People demonstrate to support the Polish Supreme Court Justice president in front of the Supreme Court building, on July 4, 2018 in Warsaw.

To Wrest Back Rule of Law in Poland, Might EU Bureaucracy Finally Work?

After years of flailing in efforts to curb Poland’s government from eviscerating the rule of law, an arcane element of the European Union structure might actually be working…
U.S. Soldiers stand in formation during a logistics course graduation ceremony.

Transparency on Civilian Harm in Somalia Matters – Not Just to Americans

"Under the Bush, Obama, and Trump administrations, much of the commentary on the use of lethal force in counterterrorism operations has focused on the importance of transparency…
Sri Lankan Defence Ministry Secretary Gotabaya Rajapaksa rides in a jeep with military officers during a Victory Day parade rehearsal in Colombo on May 17, 2013.

BREAKING: Sri Lankan Presidential Hopeful Sued in Federal Court for Human Rights Violations

Gotabaya Rajapaksa was sued in federal court in the Central District of California by a Canadian citizen who alleges he was detained and tortured from 2007-2010 by the Terrorism…
Truman next to a newspaper with the headline, "Truman orders U.S. air and sea forces to support South Korea.”

The Limited War Powers Precedent of the Korean “Police Action”

In a recent piece in the Washington Post, Professor Mary Dudziak drew attention to the Executive Branch’s continued reliance upon President Truman’s police action on the Korean…
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