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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
Air Force Gen. John E. Hyten, Patrick M. Shanahan, Acting U.S. Secretary of Defense, and Secretary of the Air Force Heather A. Wilson listen during a Senate Armed Services Committee hearing on April 11, 2019 in Washington, DC.

The Pentagon’s 2018 Civilian Casualties Report: What’s In It and What’s Next

The Pentagon’s latest annual report, released this morning, lists shockingly low numbers of "credible" civilian casualties. It also illustrated the need for better processes…
Smoke billowing out following a coalition air strike in the western al-Daraiya neighbourhood of the embattled northern Syrian city of Raqa on September 5, 2017.

New Pentagon Report Significantly Undercounts Civilian Casualties

The latest annual report was on time and included more details than it had in the past, thanks to additional congressional requirements. But it still significantly undercounts…
Sudanese soldiers sit atop a vehicle driving through a sit-in outside the army headquarters in the capital Khartoum on April 28, 2019. Two Sudanese soldier gesture at protesters in the sit-in.

After Bashir, Sudanese People Continue Fight for Democracy and Accountability

The African Union's three-month extension for Sudan's military to hand over to a civilian government might give the protesters time to plan for the country's future. But it also…
Human rights lawyer Amal Clooney and Iraqi human rights activist Nadia Murad Basee Taha attend a United Nations Security Council meeting at U.N. headquarters, April 23, 2019 in New York City.

Gutting the Substance of a Security Council Resolution on Sexual Violence

The United States has abandoned any meaningful commitment to victims and survivors of conflict-related sexual violence, in the interest of appeasing domestic anti-abortion constituencies.…
International Criminal Court (ICC) chief prosecutor Fatou Bensouda (C) sits at the courtroom of the International Criminal Court (ICC) during the closing statements of the trial of former Congolese warlord Bosco Ntaganda in the Hague, the Netherlands, on August 28, 2018.

Deconstructing the Int’l Criminal Court’s Decision on Afghanistan

The decision of the International Criminal Court’s Pre-Trial Chamber II refusing to open an investigation into crimes committed in Afghanistan establishes a new Rome Statute…
Sudanese protesters waving national flags during a protest outside the army headquarters in the capital Khartoum on April 21, 2019.

Smart Justice in Sudan: For Bashir’s Crimes, Is the ICC Still the Best Route?

A remarkable transition is underway in Sudan. After months of protests, Omar Al Bashir’s autocratic regime finally collapsed this month. It is, of course, quite ironic that Bashir,…
Marine Corps Gen. Joseph Dunford and Patrick M. Shanahan, Acting U.S. Secretary of Defense, are seen before a Senate Armed Services Committee hearing on April 11, 2019 in Washington, DC.

New DoD Policy on Amends Needs to Address Transparency Gap

New information from the U.S. Department of Defense (DoD) reveals a previously unrecognized transparency gap in the U.S. military’s efforts to acknowledge and address civilian…

Trump Endorses U.S. Citizen-Turned Libyan Warlord, Despite Video Evidence of Haftar’s Ordering War Crimes

"While American news networks were gripped by blanket coverage of the Mueller report on Friday, the White House released a statement describing a most unusual and supportive phone…
A sign reading, "Office of Military Commissions Expeditionary Legal Complex Guantanamo Bay, Cuba" stands close to where pre-trial hearings are being held for the detainees at the military prison on June 25, 2013 in Guantanamo Bay, Cuba.

Al-Nashiri III: A No Good, Very Bad Day for U.S. Military Commissions

A stunning, unanimous opinion of the DC Court of Appeals throws out every single pretrial order issued over the past 3 1/2 years in case of Al-Nashiri. What this says about the…
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…
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