International and Foreign
3,170 Articles
De Facto and De Jure Non-International Armed Conflicts: Is It Time to Topple Tadić?
When does violence between a state and non-state actor constitute an armed conflict and thus trigger the system of legal rules that apply in non-international armed conflict (NIAC)?…
China’s “Strategic Impatience” on the North Korean Crisis
How does China view the nuclear crisis that is developing in North Korea and the legal and policy strategies for addressing it? How should we understand recent discussions of support…
Why French President’s Threat of War Crimes Prosecutions against Russia, Syria Rings Hollow—But Needn’t
CNN is reporting that Russian President Vladimir Putin has canceled a visit to France next week following French President Francois Hollande’s statement that he would tell Putin…
5 and Counting: Russia Vetoes No-Fly-Zone in the Security Council
Over the weekend, Russia exercised its veto—again and unsurprisingly—to block a draft Security Council resolution (S/2016/846) that would have created a no-fly-zone over the…
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,…