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
En Banc D.C. Circuit Rejects Ex Post Facto Challenge to Guantánamo Military Commission
Here’s the 150 pages worth of opinions. The headline appears to be a rejection of Bahlul’s ex post facto challenge to his conspiracy conviction, but there’s a…
Hearing Begins in New Surveillance Litigation against UK Security Services
The claim brought by Liberty, the British civil liberties’ organisation, against Government Communications Headquarters (GCHQ), the Security Intelligence Services and the…
New Court Orders Signal More Drone Documents Are on the Way
For more than four years of Freedom of Information Act litigation concerning the government’s targeted-killing program, the government managed to avoid releasing a single document…
The D.C. Circuit, Article II, and the Constitutionality of the Guantánamo Transfer Restrictions
When President Obama transferred five Taliban detainees from Guantánamo in exchange for American POW Bowe Bergdahl, forests were felled over whether the Obama Administration…
Immunity Before the African Court of Justice & Human & Peoples Rights—The Potential Outlier
As is clear from our prior coverage of the issue, the availability of jurisdictional or defensive immunities is ever-present in discussions of how to ensure accountability for…
Autonomy, “Killer Robots,” and Human Control in the Use of Force – Part II
[Editor’s Note: This is Part II of a two-part guest post from Paul Scharre, a fellow and Project Director for the 20YY Warfare Initiative at the Center for a New American…
Autonomy, “Killer Robots,” and Human Control in the Use of Force – Part I
[Editor’s Note: This is Part I of a two-part guest post from Paul Scharre, a fellow and Project Director for the 20YY Warfare Initiative at the Center for a New American…
Immunities and Criminal Prosecution within the United States & Beyond
The African Union’s controversial effort to grant sitting heads-of-state and “other senior state officials” immunity before the proposed new African criminal chambers (see…
Social Science Data on Public Reactions to Drone Strikes and Civilian Casualties
One of the hats I wear is that of a social scientist. I don’t often write at Just Security in that capacity, but recent empirical research — on public attitudes toward…
The Stakes of al-Bahlul, Nine Months Later…
This past Monday marked nine months since the en banc oral argument in al-Bahlul v. United States, in which the D.C. Circuit is considering whether military commissions at Guantánamo…
Fifth Circuit on Extraterritorial Application of Fourth and Fifth Amendments
On the heels of this morning’s Fourth Circuit decision in the Abu Ghraib case comes another significant circuit-level decision–this one from the Fifth Circuit. The…
Fourth Circuit Holds Abu Ghraib Torture Claims Not Barred by Kiobel
Although it will likely be overtaken by the news set to come out of the Supreme Court later this morning, the Fourth Circuit has handed down a very big decision in the ongoing…