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.
3,765 Articles
Military Commissions After Guantánamo
This Wednesday morning at 9:30 (EDT), a three-judge panel of the D.C. Circuit (Henderson, Rogers, & Tatel, JJ.) will hear oral argument in al Bahlul v. United States–a Guantánamo…
“Just looking for loopholes…”
…is what W. C. Fields supposedly said when someone found him leafing through the Bible. Apparently some lawyers in the Obama administration are following Fields’s lead,…
Supreme Court of Canada Rules Individuals cannot sue a Foreign State in Canada for Torture Committed Abroad
On Friday, the Supreme Court of Canada (SCC) affirmed that individuals cannot bring civil actions in Canada against a foreign state, which includes foreign officials, for acts…
Reflections on Hassan v UK: A Mixed Bag on the Right to Liberty (Part 1)
A few weeks ago, the Grand Chamber of the European Court of Human Rights (GC) gave judgment in Hassan v UK . The GC found that the British government did not violate Tarek…
Two Tales of a Hearing: Kenyatta and the Court
President Kenyatta of Kenya attended a status conference this week at the International Criminal Court (ICC), beating out President Al Bashir of the Sudan to become the first sitting…
Obama Administration Landmine Policy – Part II
Part one can be found here. On his way to the opening of the UN General Assembly in New York last month, President Barack Obama stopped at the Clinton Global Initiative, where…
Sri Lanka before UN Human Rights Committee this week
This week, the UN Human Rights Committee will review Sri Lanka’s fifth periodic report on how it is implementing the provisions of the International Covenant on Civil and Political…
The jurisdictional issue delaying the al-Nashiri military commission: Saudi defendant + French ship + Malaysian shipper + Iranian oil + Bulgarian casualty = trial in a U.S. military commission?
A couple of weeks ago, the Chief Prosecutor in the Office of Military Commissions filed an appeal to the Court of Military Commission Review from an order by the trial judge dismissing…
Constitutional “Cross-Ruffing”: My New Article
About a year ago, I wrote about the Second Circuit’s decision in the Ghailani case, in which, among other things, the Court of Appeals rejected a former Guantánamo detainee’s…
Security Agreement With Afghanistan Raises Key Questions About How and When War Ends
Today, the United States and Afghanistan signed a long-awaited bilateral security agreement. The U.S. government promised to withdraw combat troops by December, and to leave nearly…
Obama’s ISIL Legal Rollout: Bungled, Clearly. But Illegal? Really?
Editors’ Note: The following post is the fourth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take a…
Having Crossed the Rubicon: Arming and Training Syrian Rebels
Significant public discussion has focused on whether airstrikes against ISIL in Syria violate the international legal prohibition on the use of force. Remarkably what has largely…