International and Foreign
2,950 Articles
Can States Legally Provide Targeting Assistance to War Criminals?
Last week, when I challenged an argument for US liability for war crimes in Yemen, I didn’t anticipate ending up on the other side of a (somewhat heated) Twitter debate with…
An Apologia for India’s “Surgical Strikes” against Terrorist Groups: The Conflict with Pakistan
On September 29, India’s Director General of Military Operations (DGMO) announced that the Indian armed forces had conducted “surgical strikes” against terrorist…
If the Saudi-Led Coalition is Committing War Crimes, the US is Aiding and Abetting Them
A few days ago, Ryan Goodman announced on Twitter that we should expect “a challenge to (some) critics of Defense Department support to Saudi Arabia.” Jay Shooster published…
Different Human Rights at Home and Abroad: Immunity for British Soldier during Overseas Operations
Yesterday, October 4, 2016, U.K. Defence Secretary Michael Fallon proclaimed that British soldiers need to be protected from “spurious claims.” He said that soldiers should…
The UK’s New Derogation Policy for Armed Conflicts: Making a Success of the European Convention on Human Rights?
Speaking at the annual conference of the Conservative Party on October 4, U.K. Defence Secretary Michael Fallon sought to reassure Britain’s nervous allies and the general public…
Whose Armed Conflict? Which Law of Armed Conflict?
When one state, say, the United States, uses military force on the territory of another state, say, Syria or Pakistan, without the consent of that state, what legal rules constrain…
The UK Snooper’s Charter and the Anderson Report on Bulk Powers
In August, the UK’s Independent Reviewer of Terrorism Legislation, David Anderson QC, released his “Report of the Bulk Powers Review”. He was asked to undertake the review…
Does JASTA Violate International Law?
The Justice Against Sponsors of Terrorism Act (JASTA) is now the law of the United States, Congress having overridden President Obama’s veto of the bill. Among other things,…
Would Arming Anti-Assad Rebels Trigger an “International Armed Conflict”—and War Crimes Prosecutions?
Earlier this week, Reuters reported that Gulf Arab States are considering arming militant groups in Syria to fend off Assad’s onslaught in Aleppo and elsewhere. There may be…
The UK’s Al-Saadoon Case: Stepping Back From the Extraterritorial Application of the ECHR for Physical Force
On September 9, the United Kingdom’s Court of Appeal delivered its judgment in Al-Saadoon and Others v. Secretary of State for Defence. This is a case dealing with almost 1,300…
Triggers and Thresholds of Non-International Armed Conflict
When and where does the law of non-international armed conflict apply? Since most contemporary armed conflicts are fought between states and organized armed groups, or between…
Aiding and Abetting for Saudi War Crimes: Lessons from Holder v. Humanitarian Law Project
In 2010, human rights organizations argued in Holder v. Humanitarian Law Project that if we want to promote compliance with the law of armed conflict, we cannot punish advocacy…