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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United States Secretary of State John F. Kerry signs the UN Arms Trade Treaty (ATT), the first international treaty regulating the global arms trade in conventional arms. September 25, 2013

Why the Arms Trade Treaty Matters – and Why It Matters That the US Is Walking Away

President Donald Trump's decision to "withdraw" from the Arms Trade Treaty is based on a clear misconception of what the treaty is and what it does. To better understand the gravity…
Sudanese President Omar al-Bashir delivers a speech to the nation on February 22, 2019, at the presidential palace in the capital Khartoum.

Elisions and Omissions: Questioning the ICC’s Latest Bashir Immunity Ruling

A close analysis of the ICC Appeals Chamber's reasoning in the Bashir immunity case raises serious questions about its conclusions on the difference between national and international…
Exterior View of new International Criminal Court building in The Hague on July 30, 2016.

A Confusing ICC Appeals Judgment on Head-of-State Immunity

The outcome of the decision is not a surprise - but its implications for the immunity of senior officials of states that do not belong to the ICC, even beyond cases in which there…
Moria Shapira Airbnb's apartment owner walks outside of her apartment in Adei Ad outpost north of the Palestinian village of al-Mughayyir, near the occupied West Bank city of Ramallah on November 20 2018.

Palestinians Claim Violations by Israeli Settlers in Airbnb Case in U.S. Court

In March, two Palestinian-Americans and two Palestinian villages moved to intervene in a suit brought against Airbnb, a global home-rental online platform, in federal court in…
Tents near the entrance to Camp Justice at the Guantanamo Bay Naval Base - October 24, 2013. The tents at Camp Justice house media, lawyers, human rights observers, and military personnel.

For the Military Commissions, a Fork in the Road on Torture

“It’s time for everyone to admit that the Guantanamo military commissions have failed.” That’s what Steve Vladeck wrote last month in a characteristically excellent post discussing…
Sudanese president Omar Hasan Al Bashir at the Arab League summit in the Jordanian Dead Sea resort of Sweymah, Jordan, March 29, 2017.

Preview of the International Criminal Court Appeals Judgment on Al-Bashir and Head of State Immunity

Three weeks ago, the International Criminal Court (ICC) Appeals Chamber announced that on May 6 it would issue its judgment on whether President Omar Al-Bashir of Sudan was entitled…
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,…
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