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.
3,498 Articles
Can the ICC Compel Witnesses to Testify?
On Friday (February 14), the Trial Chamber in the Ruto and Sang case at the International Criminal Court (ICC) will hear oral argument on a prosecution motion that could have significant…
Which Policies Apply to the Killing of U.S. Citizens in Pakistan?
Yesterday, the Associated Press, Washington Post, New York Times, and the LA Times reported on debates within the U.S. government about “whether to authorize a lethal strike…
The True Significance of Judge Tatel’s Opinion in the Force-Feeding Appeal
As Wells already flagged over at Lawfare, the D.C. Circuit decided Aamer v. Obama this morning — the effort by some of the Guantánamo detainees to challenge the force-feeding…
Where’s the “Metadata”?: What Greenwald and Scahill (Don’t) Say about NSA Metadata Collection and Lethal Targeting
There are many, many important revelations about NSA’s involvement in the US drone program in Glenn Greenwald and Jeremy Scahill’s historic debut story for First Look…
Lethal Targeting of US Citizens: AP Report Raises More Questions Than Answers
In a highly provocative piece this morning, Kimberly Dozier writes that the Obama administration is weighing another drone strike against a U.S. citizen. That is obviously a…
CJEU’s Definition of “Internal Armed Conflict:” The Diakité Case
On January 30, the Court of Justice for the European Union discussed the criteria for determining when an internal armed conflict exists, and held that it does not require the…
An al Qaeda Armed Conflict with France or Malaysia?: The Legal Question at the Heart of the al Darbi Case
Yesterday the Acting Convening Authority of the GTMO Military Commissions, Navy General Counsel Paul Oostburg Sanz, referred charges against Ahmed Mohammed Ahmed Haza al Darbi,…
A Reply to Gabor Rona on “Extrajudicial Release” in Afghanistan
In his post “Extrajudicial Release: A New Rule-of-Law Problem?” Gabor Rona rightly criticizes U.S. officials’ use of the term “extrajudicial release.” It is a troubling…
10 Things We Need to Know Now About the US Drone War
A year ago today, NBC News published a leaked copy of a Justice Department memo that justified the killing of a U.S. citizen without a trial in a foreign country outside a war…
President Certifies US Forces in Mali Not at Risk of International Criminal Court, but is that Legally Valid?
On Friday, President Obama issued a Memorandum certifying that US Armed Forces participating in the UN military operation in Mali “are without risk of criminal prosecution”…
Fugitive Du Jour: Sylvestre Mudacumura
Following yesterday’s post about President Al-Bashir of Sudan, it might be useful to examine other fugitives from justice and the state of U.S. policy toward their capture.…
Another (Dubious) Guantánamo Precedent
As Wells Bennett flagged over at Lawfare, the D.C. Circuit’s latest foray into the Guantánamo detainee litigation came two weeks ago in Al-Janko v. Gates, in which a…