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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Letter to the Editor from Gabor Rona, Mohammed v. Ministry Defense and the ICRC’s Position
I don’t know if the ICRC will make any attempt to clarify its position, but I think the Court in Serdar Mohammed is wrong to suggest that the ICRC believes there is inherent…
Update: French Text Referring Syria to ICC Said to Replicate Standard Exemptions for US
In a post this morning, I discussed the language reported in the press of a draft Security Council resolution referring Syria to the International Criminal Court. The question…
How “Similar” is US Exemption on Draft UNSC Referral of Syria to the ICC?
[Editor’s Note: Check out Ryan’s updated post, “Update: French Text Referring Syria to ICC Said to Replicate Standard Exemptions for US.”] Yesterday I…
Preview: Lithuania to Face Questioning by UN Committee against Torture about “Black Sites”
On Monday, the UN Committee against Torture (“the Committee” or “the CAT Committee”) will review Lithuania’s third periodic report on its compliance with the Convention…
Where is al-Bahlul??
I’d previously only been tweeting about this, but it seems worth a proper post to flag the remarkable fact that it’s now been well over seven months (!) since the…
Draft UN Security Council Referral of Syria to the ICC—and US Exemptions
Colum Lynch reported yesterday at Foreign Policy that the Obama administration now supports France’s draft resolution to refer the situation in Syria to the International Criminal…
Interrogation-Based Detentions and the Law of Armed Conflict: What Mohammed v. Ministry of Defense Didn’t Have to Say
I am working on a post that dives into the core issue in Mohammed v. Ministry of Defense (MOD)—whether the law of armed conflict (LOAC) permits security-based detentions in non-international…
Developments on Autonomous Weapons Systems Governance
For Just Security readers following the emerging debate on the legal governance of autonomous weapons systems (AWS), this month is very eventful with two noteworthy developments…
The D.C. District Court’s Power to Hear the New Nashiri Suit
As Wells Bennett noted on Friday over at Lawfare, attorneys for Abd al-Rahim al-Nashiri, a Guantánamo detainee facing capital charges before a military commission for his alleged…
Does IHL Need Human Rights Law?: The Curious Case of NIAC Detention
As Ryan noted last week, the United Kingdom’s High Court ruled in Serdar Mohammed v. Ministry of Defense that the United Kingdom’s 110-day detention of a suspected Taliban…
Does IHL Authorize Detention in NIACs?
As Ryan recently reported, the United Kingdom’s High Court of Justice has issued an important ruling in Serdar Mohammed v. Ministry of Defense. The Court ruled that the long…
Mini Forum on UK High Court Ruling British Forces Lack Detention Authority in Afghanistan
On May 2, the High Court of England and Wales handed down a judgment in Serdar Mohammed v. Ministry of Defense (full text). Mr. Justice Leggatt held that British forces lacked…