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.
3,695 Articles
Why al Bahlul is Rightly Decided
Over at Lawfare, I have a pair of longer posts following up on Friday’s quick-and-dirty summary of the D.C. Circuit’s ruling in al Bahlul v. United States, in which…
Britain’s Al-Saadoon Case: A Matter of Human Rights Law and the use of Military Force Overseas
In March, the High Court of Justice of England and Wales found that the United Kingdom’s obligations under the European Convention on Human Rights (ECHR) can be activated extraterritorially…
What Rights Does International Law Afford Umm Sayyaf?
The legal machinations within the US government must have been considerable last month after an American special operations raid in Syria captured Umm Sayyaf, the wife of suspected…
The Law of War Manual is here (no, really)
The last time the U.S. Department of Defense published a comprehensive manual on the law of war was in 1956, when Richard Baxter set the standard. Much has happened since then–the…
What al Bahlul Says, and What It Means
It’s going to take some time to fully work through the lengthy opinions handed down by the D.C. Circuit this morning in al Bahlul v. United States. But at the risk of…
al-Bahlul decided: Court invalidates military commission conviction for domestic-law offense
The U.S. Court of Appeals for the District of Columbia Circuit by a 2-1 vote (Rogers and Tatel, Henderson dissenting) has overturned the conspiracy conviction on Article III grounds.…
Closing Guantánamo Will Help Combat Terrorist Propaganda
It’s no secret that extremist groups like al-Qaeda and ISIL use the American prison at Guantánamo Bay as a recruiting tool and rallying cry against the United States. The topic…
The Ridiculous GTMO Counsel-Stripping Amendment: An Easy Vote
[UPDATE: The Amendment failed by a vote of 133-297.] Steve has already described the likely constitutional problems with the latest Guantanamo amendment designed to strip funding…
Why the Latest Ridiculous Guantánamo Amendment is Almost Certainly Unconstitutional
Later today, the House of Representatives appears set to vote on the following amendment to the Department of Defense appropriations bill, sponsored by Missouri Congressman Jason…
An Important New Filing in the Continuing Saga of Mohamedou Ould Slahi
This morning, lawyers for Guantánamo detainee Mohamedou Ould Slahi–the international best-selling author of “Guantánamo Diary”–filed a new motion in the…
No Torture Means No Torture – Why We Need the McCain-Feinstein Anti-Torture Amendment
Do we mean what we say when we ban torture? That has been a question for more than a decade, ever since President George W. Bush, on United Nations International Day in Support…
The Senate’s Guantánamo Bill: A Wolf in Sheep’s Clothing
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…