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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3,518 Articles
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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…
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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…
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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,…
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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…
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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…
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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”…
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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.…
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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…
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UK Government Issues Major Statement on Legality of Humanitarian Intervention

The British Foreign and Commonwealth Office has submitted an official response to questions posed by the House of Commons Foreign Affairs Committee on the legality of humanitarian…
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President Bashir Is No Michelangelo

Earlier this week, President Omar Al-Bashir of Sudan, indicted by the International Criminal Court for genocide and crimes against humanity in Darfur, announced a “political…
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Noor Khan: A missed opportunity?

Last week, the English Court of Appeal gave judgment in R (Noor Khan) v Secretary of State for Foreign and Commonwealth Affairs (full text). The claim was brought in an attempt…
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Extrajudicial Release: A New Rule-of-Law Problem?

Monday’s Wall Street Journal reported on the release, this past Sunday night, of a statement by U.S. Forces-Afghanistan, lamenting the decision of an Afghan-led review board…
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