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.

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UK Defence Select Committee: Extensive legal scrutiny undermining willingness of commanders to take necessary risks

The UK’s House of Commons Defence Select Committee published a report on Wednesday [full text] concerning the legal framework for future operations of the armed forces.  The…
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Civilian War Victims Receive Recognition in US Law

When the US military was deployed to Afghanistan and Iraq, it had no plan for addressing civilian casualties despite following rules prohibiting disproportionate or deliberate…
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States, Almost States, Non-State Actors and the Geneva Conventions: Palestinian President Abbas’s attempt to join the Club

[Editor’s Note: Be sure to see the letter to the editor from a former Deputy Legal Adviser to Israel’s Permanent Mission to the United Nations responding to this…
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Law of War Conventions that Palestinian President Abbas Intends to Join: Questions Raised

The Palestinian authorities have released the complete list of treaties that they intend to join. According to the statement, President Abbas “signed letters of accession”…
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Military Courts and Article III

For some time, I’ve been working on the larger implications of the jurisprudence arising from the Guantánamo military commissions and the Court of Appeals for the Armed…
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John Bellinger’s Testimony before the PCLOB (and implications for Senate approval of the Persons with Disabilities Convention) [Updated on April 2]

My friend and former legal adviser to the State Department John Bellinger recently testified before the Privacy and Civil Liberties Board (PCLOB) on the question whether international…
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The Human Rights Committee’s Draft Comment 35 on Detention and Security of Persons: A long, long time coming yet still falls short

On June 30, 1982 the Human Rights Committee adopted General Comment No. 8 on Article 9 (the right to liberty and security of the person). It has taken a mere 32 years – a significant…
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GTMO Case to Watch in the Supreme Court [UPDATED]

The Supreme Court has relisted for conference three times a pending Guantánamo habeas petition, Hussain v. Obama, No. 13-638.  The Court will consider the case for the fourth…
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Breaking News: The High Commissioner for Human Rights to Investigate the Situation in Sri Lanka

The Human Rights Council on Thursday issued a resolution (with a vote of 23 for, 12 against, and 12 abstentions) asking the U.N. High Commissioner for Human Rights to “investigate,…
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The Extraterritorial Right to Privacy: An Opportunity to Impact the Debate

A codicil to our ongoing discussion of the human rights implications of foreign and mass surveillance (see prior posts by Ryan Goodman (here and here), Philip Alston, Jennifer…
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UN Human Rights Committee’s Report on US Compliance with the ICCPR: National Security Highlights

The United Nations Human Rights Committee has issued its Concluding Observations (full text) assessing US compliance with the International Covenant on Civil and Political Rights…
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UN Human Rights Committee Says ICCPR Applies to Extraterritorial Surveillance: But is that so novel?

[Editor’s Note: John Bellinger over at Lawfare replied to the following post. And Ryan has a new post, partly in response to John.] A major development in today’s UN Human…
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