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.
3,695 Articles
Clapper to Hagel: Taliban 5 return to battle “will not appreciably change the threat” to US or Afghanistan
Secretary of Defense Chuck Hagel testified before the House Armed Services Committee on Wednesday about the prisoner exchange involving Sgt. Bowe Bergdahl and five Guantanamo detainees…
European Court of Human Rights Rules on Amnesty and Double Jeopardy
On May 27th, the European Court of Human Rights ruled on one of the more contentious issues in the international criminal law and transitional justice sphere; namely whether political…
Interpretation and Retaliation in the Obama Administration
Caitlin Hayden’s statement last week on “why it was lawful” to exchange five Taliban prisoners held at Guantanamo for Sergeant Bergdahl, “notwithstanding the notice requirement…
What’s Wrong with a Categorical Ban on Transfers from GITMO to Yemen
As Marty notes, the Senate Armed Services Committee recently approved its version of the National Defense Authorization Act for 2015. (This will now go to the full Senate…
The President’s Speech, Al Qaeda and the Legal Challenge of the Future
One of the most striking features of President Obama’s 28 May 2014 commencement address at West Point was its “turning the page” theme. The speech sought to look at the major…
Jones: End of the road
Yesterday, June 3, the Grand Chamber issued a notice “Grand Chamber Panel’s Decisions” which notes that a request for referral to the Grand Chamber has been rejected in the…
Stepping back from the precipice in Bond
[Also posted on Opinio Juris.] The Supreme Court has finally issued its decision in United States v. Bond. Although it appeared the Court might be on the brink of a momentous…
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…