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.
3,494 Articles

Strikes in Syria: The International Law Framework
[Cross-posted at Lawfare] As is now well-known, the United States last night hit approximately 25 targets inside Syria, some of which were directed at ISIL, and some at a group…

Australia Introduces Foreign Fighter Bill on Eve of Obama Chairing UNSC Meeting on Foreign Fighters
The Australian Government introduced a proposed law on Sept. 22 aimed at preventing Australian residents from traveling abroad to join terrorist organizations. Called the Counter-Terrorism…

Remarkable statement by UN Secretary General on US Airstrikes in Syria
Were it not for the title of this post, you might never guess that it was the UN Secretary General who said this today: “I am aware that today’s strikes were not carried…

Unwilling or Unable: A Roundup of Just Security’s Debate on the Legality of Airstrikes Inside Syria
While it was only last night that the United States and five Arab nations began air strikes against ISIL and the al-Qaeda-linked Khorasan group inside Syria, Just Security has…

Abu Ghaith Sentence Confirms We Don’t Need Guantanamo
On Tuesday morning, Osama bin Laden’s son-in-law, Suleiman Abu Ghaith, was sentenced to life in a U.S. federal prison. The former al Qaeda spokesman was arrested in Jordan by…

The DoD detainee directive and its definition of “unprivileged belligerency”
I appreciate both Professor Lederman’s (1 and 2) and Mr. Rona’s (1 and 2) thoughtful comments regarding the re-issued DoD Directive on detention (DoDD 2310.01E), and particularly…

Human rights groups petition UN on drone strikes
At the UN Human Rights Council this week, a coalition of human rights groups is calling on all governments to take steps to monitor and promote transparency and legal compliance…

Guest Post: A Reply to Ryan Vogel and Marty Lederman on DoD Directive 2310.01E [Updated]
Time and again since 9/11 we’ve seen laws, regulations and government officials say one thing, but when awkward facts come to light, we find out that they meant something…

No, You Can’t Strip Americans of their Citizenship, Senator Cruz: The Folly of the Expatriate Terrorists Act
Today, as the nation debates serious matters such as how best to address the ISIS and how best to reform NSA surveillance authorities, Senator Ted Cruz will reportedly seek unanimous…

A Response on Department of Defense Directive 2310.01E (Detainee Program)
Over the past couple weeks, Steve Vladeck, Gabor Rona, and Marty Lederman have posted comments and raised some questions about the new Department of Defense (DoD) detainee directive…

A Response to Jonathan Horowitz – Why Unwilling or Unable is Measured by a State’s Capacity to Act as Well as its Willingness to do so
Jonathan Horowitz responded to my earlier post and made two points about the “unable or unwilling” standard that I believe merit some clarification. Jonathan begins by agreeing…

When Institutions Fail: A Thought Experiment
[Editors’ Note: The following post is the second installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take a…