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.
3,496 Articles
The Administration’s explanation for why it was lawful not to wait 30 days to complete the Bergdahl exchange
National Security Council Caitlin Hayden just issued this statement concerning “why it was lawful for the Administration to proceed with the [Bergdahl] transfer notwithstanding…
The Bergdahl Exchange [Fifth UPDATE (with clarification)]
This is truly wonderful news. The five Taliban detainees transferred to Qatar apparently are: Abdul Haq Wasiq (ISN 004) Mullah Norullah Noori (ISN 006) Mullah Mohammad Fazl (ISN…
Title 18’s Blind Spot: Superior Responsibility
We have discussed at length the ability of the United States government to prosecute international crimes in terms of chargeable crimes and bases of jurisdiction. Ryan Goodman…
Letter to the Editor Responding to Steve Vladeck on Gitmo Force Feeding
I enjoyed Steve’s post, although I think the “nobody cares anymore” premise is largely correct, if by “nobody,” we mean the public. Perversely, this is a function of…
What is to be Gained from Pursuing Accountability Now in Syria?
Beth Van Schaack’s recent posts (see here, here, and here) on the proposed Syria hybrid tribunal prompted an astute response from Rianne Letschert: @BethVanSchaack @janethanderson…
What You Should Know–and Why You Should Care–About the Latest Guantánamo Litigation
It’s been well over three years since Linda Greenhouse, writing for the New York Times, attributed the Supreme Court’s refusal to take any new cases from Guantánamo…
Force Feeding at Guantanamo and Judge Gladys Kessler
In his commencement address at West Point on May 28, President Obama said, “What makes [America] exceptional is not our ability to flout international norms and the rule of law,…
al Bihani is third successful GTMO detainee before PRB; SecDef considering transfer of six others to Uruguay
Two weeks ago, the GTMO Periodic Review Board determined that continued law-of-war detention of Ghaleb Nassar al Bihani “is no longer necessary to protect against a continuing…
Alternative Jurisdictional Bases for a Hybrid Tribunal for Syria
As we have discussed, one option under consideration to address the commission of grave international crimes during the conflict in Syria is the creation of a hybrid tribunal within…
A Mixed Chamber for Syria: An Idea Whose Time Has Come?
As we have discussed in a prior post and in the press, the international community must think creatively about how to build an accountability mechanism for Syria that does not—at…
UN Torture Committee seeks further answers from Lithuania on involvement in CIA detention and rendition
Last week, the UN Committee against Torture adopted its Concluding Observations [full text] on Lithuania’s third periodic report on its compliance with the Convention against…
Targeting Transparency: A Call for DoD to Automatically Release Investigations of Civilian Casualties in Armed Conflict
There has been much discussion on the lack of demonstrable government follow through after President Obama’s 2013 claims of increased transparency of US lethal targeting of suspected…