International and Foreign
3,170 Articles
UK Supreme Court: Parliament Must Authorize Brexit Talks
The UK Supreme Court this morning ruled that the government of British Prime Minister Theresa May cannot initiate talks with Brussels about the kingdom’s withdrawal from…
White House Spokesman Changes the Story on Flynn’s Calls to Russian Ambassador
The Trump administration continues to change its story on when and how many times Lt. Gen. Michael Flynn, Trump’s national security adviser, spoke to Russian Ambassador Sergey…
Obama Admin: Only One Civilian Killed by U.S. Outside of War Zones in 2016
On the eve of the inauguration of a new president, the Director of National Intelligence released a report (full text) that summarizes the number of military strikes taken by the…
Tracking the Trump Team’s Conflicting or False Statements on Russia (Chart)
This is an effort to catalog instances when the Trump team’s assertions about their connections to Russia contradict what they’ve said in the past and the facts as they’ve…
The UK Supreme Court’s Landmark Judgment Belhaj v. Straw: A View From the United States
On Tuesday, the Supreme Court of the United Kingdom gave its judgment in Belhaj v. Straw and Rahmatullah v. Ministry of Defence, two human rights cases brought against UK officials…
How Trump Can Work with Russia to Challenge the Status Quo and to Control ISIS
What should President Donald Trump do if ISIS crashed a plane into the Freedom Tower next September 11, 2017? After 16 years of a so-called “war on terror,” would experts be…
UK Supreme Court Judgment on Extra-Territorial Detention in Iraq and Afghanistan
Today, the UK Supreme Court gave judgment (full text) in the joined appeals of Al Waheed v Ministry of Defence and Serdar Mohammed v Ministry of Defence (in which I represented…
UK Supreme Court Issues Two Major Decisions—On cooperation with CIA interrogations and on military detention
On Tuesday, the UK Supreme Court issued two important judgments, which will affect the power of the British government to carry out certain national security policies and, in turn,…
The United Kingdom’s “Modern Law of Self-Defence”—Part III
On Wednesday, Jeremy Wright QC MP, the Attorney General of the United Kingdom, delivered an important speech laying out his government’s view of the international law governing…
Kreß & Barriga’s The Crime of Aggression: A Commentary
In a singular contribution to the theory and practice of international criminal law, Claus Kreß and Stefan Barriga have edited a massive, two volume, 1488 page, 53 chapter commentary…
The Supreme Court, the Trump Transition, and the Future of the Constitutional “Border”
With all due respect to the Emoluments Clauses, perhaps the most important set of constitutional questions implicated by the presidential transition involves the individual…
The United Kingdom’s “Modern Law of Self-Defence”—Part II
In a previous post, I argued that a recent speech by Jeremy Wright QC MP, the Attorney General of the United Kingdom, left quite unclear whether the lawfulness of anticipatory…