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.
3,737 Articles
Between the Law of Force and the Law of Armed Conflict
Last week, I argued in favor of the ICRC’s position that if one state uses armed force in the territory of another state then an international armed conflict (IAC) arises between…
De Facto and De Jure Non-International Armed Conflicts: Is It Time to Topple Tadić?
When does violence between a state and non-state actor constitute an armed conflict and thus trigger the system of legal rules that apply in non-international armed conflict (NIAC)?…
If Burundi Leaves the Int’l Criminal Court, Can the Court Still Investigate Past Crimes There?
Last week, Burundi President Pierre Nkurunziza’s office announced that his country had begun taking steps to leave the International Criminal Court, of which it has been a member…
Why French President’s Threat of War Crimes Prosecutions against Russia, Syria Rings Hollow—But Needn’t
CNN is reporting that Russian President Vladimir Putin has canceled a visit to France next week following French President Francois Hollande’s statement that he would tell Putin…
Is the United States Already in an “International Armed Conflict” with Syria?
Many are debating whether the Obama administration should essentially go to war with Syria in an effort to halt the atrocities that Assad is committing in Aleppo and elsewhere…
A Humanitarian Exception to the Principle of Non-Intervention?: Measures Below the Use of Armed Force to Save Aleppo
Do the atrocities in Aleppo and elsewhere in Syria permit the United States and other states to engage in intrusive actions against the Assad regime that would not ordinarily be…
Different Human Rights at Home and Abroad: Immunity for British Soldier during Overseas Operations
Yesterday, October 4, 2016, U.K. Defence Secretary Michael Fallon proclaimed that British soldiers need to be protected from “spurious claims.” He said that soldiers should…
The UK’s New Derogation Policy for Armed Conflicts: Making a Success of the European Convention on Human Rights?
Speaking at the annual conference of the Conservative Party on October 4, U.K. Defence Secretary Michael Fallon sought to reassure Britain’s nervous allies and the general public…
Whose Armed Conflict? Which Law of Armed Conflict?
When one state, say, the United States, uses military force on the territory of another state, say, Syria or Pakistan, without the consent of that state, what legal rules constrain…
It is Time for the ICC to open a Preliminary Examination in the Philippines
The appalling announcement of President Rodrigo Duterte of the Philippines that he would like “to slaughter” three million drug addicts in his country, much as “Hitler massacred…
Would Arming Anti-Assad Rebels Trigger an “International Armed Conflict”—and War Crimes Prosecutions?
Earlier this week, Reuters reported that Gulf Arab States are considering arming militant groups in Syria to fend off Assad’s onslaught in Aleppo and elsewhere. There may be…
Triggers and Thresholds of Non-International Armed Conflict
When and where does the law of non-international armed conflict apply? Since most contemporary armed conflicts are fought between states and organized armed groups, or between…