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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The President’s May 23d NDU Speech in Action: The Broader Significance of the al-Liby and Ikrima Operations [UPDATED Oct. 15]

If reported accounts thus far are accurate, the al-Liby and Ikrima capture operations last weekend are important illustrations of several things that the President and his top…
Just Security

The Al-Libi Case Is a Step Forward, Even if Not (Yet) A Paradigm Shift

Jack Goldsmith on the Lawfare blog has an interesting response to Mary DeRosa and Marty Lederman’s take on the implications of the al-Libi and Ikrima operations.  I agree…
Just Security

New UN Report Released; Addresses Legal Controversies in Drone Use

A new UN report on drone strikes and targeted killings by the UN Special Rapporteur on extrajudicial executions has been published, ahead of a UN General Assembly debate scheduled…
Just Security

The Libya Raid to Capture Abu Anas al-Liby and The Persistence of Memory of Due Process

Now that Abu Anas al-Liby has been brought to the U.S. and  may be appearing in court as you read this to face criminal charges, it might be tempting to say that all concerns…
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ICC Case Against Spy Chief Senussi Deemed Inadmissible

An important and long-awaited ruling came down from Pre-Trial Chamber I of the International Criminal Court on Friday.  In it, PTC I ruled that the case against Abdullah Al-Senussi—Libya’s…
Just Security

Al-Libi: Nine (or Fewer) Days of AUMF Detention

So reports the Associated Press: “U.S. officials say a Libyan terrorist suspect who was held aboard a U.S. warship is now in the United States.” That would mean that…
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Why the US Failure to Support an ICC Referral for Syria does not Protect Israel (or American Interests)

As we watch and wait for the outcome of the destruction and disposal of the chemical weapons in Syria, the issue of accountability for war crimes and/or crimes against humanity…
Just Security

Kenya, with African Union Backing, to Seek Again Deferral of the Cases Before the ICC?

In other ICC news…. It is being reported that a diplomatic deal is being struck to seek the postponement of the Kenyan cases through the Security Council. This follows on the…
Just Security

Humanitarian Intervention and Global Legal Norms

Thank you to Harold Koh for spurring (here and here) a discussion about some of the most important issues of our time—on matters concerning wars of choice and building an effective…
Just Security

Reviving Opinio Juris and Law of Armed Conflict Pluralism

It is by now hackneyed routine. A U.S. government attorney or legal policymaker invited to appear at a law of armed conflict (LOAC) conference prefaces her remarks with a pro forma…
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Syria and the Law of Humanitarian Intervention (Part III – A Reply)

My recent two-part essay on Syria, posted on this blog, made both a policy claim and a legal claim. My policy claim was that despite undeniable political miscues, President Obama’s…
Just Security

The Case of Abu Anas al-Libi: The Domestic Law Issues

It is now well-known that Abu Anas al-Libi was seized in front of his home in Tripoli on Saturday, October 5 and transported to a U.S. ship in the Mediterranean, where he is reportedly…
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