International and Foreign
3,170 Articles
When Does Int’l Humanitarian Law Call for Releasing Prisoners in Armed Conflicts
On March 30, lawyers representing five Afghan detainees at Guantanamo Bay asked President Obama and four senior administration officials to release their clients on the grounds…
How a Case of Stolen Corn Seeds Shows the Problem with the FISA Court
As collateral challenges to the mass surveillance programs disclosed by Edward Snowden like US v. Moalin, US v. Muhtorov, and US v. Mohamud are winding their way through the courts,…
A Reply to Janina Dill: Common Ground
We firmly agree with Prof. Janina Dill that a broader societal understanding of civilian harm during wartime and how civilians view that harm is an important aspect of understanding…
Was the Crash of Germanwings Flight 9525 an Act of Terrorism?
On March 24, an Airbus A320 operated by Germanwings crashed in the French Alps while en route from Spain to Germany. Quite soon after, it emerged that the co-pilot of the flight…
The Provision of Means: Dual Use Goods & Corporate Liability
This is Part III of a series on the Doe v. Cisco case pending in the Northern District of California and involving claims that Cisco should be liable for aiding and abetting the…
Diplomatic Assurances, Torture, and Judicial Review:
The Bimenyimana Appeal
Later this year, the U.S. Court of Appeals for the Fourth Circuit will hear argument in one of the more quietly important torture cases to come before the federal courts in the…
International Law on the Saudi-Led Military Operations in Yemen
On Wednesday night, Saudi Arabia launched a military intervention in Yemen to stop Houthi advances through the country. Calling it “Operation Decisive Storm,” Saudi Arabia…
Doe v. Cisco: The Legal Issues
Part 1 of this post introduced a set of cases against Cisco Systems, which has been sued for being complicit in the design and implementation of China’s Golden Shield surveillance…
Canadian Bombs Over Syria and a Reader’s Guide to the Legality of Airstrikes Against ISIL
Canadian Prime Minister Stephen Harper is introducing a motion to Parliament today (video here) that would extend Canada’s military mission against the Islamic State for another…
Perfidy, ambush, snipers, and the COLE bombing (al Nashiri) case
Thanks to Rogier Bartels and Kevin Heller for their fascinating debate here and at Opinio Juris on whether the alleged Israeli/U.S. car-bomb operation operation that killed Hezbollah’s…
No, Disguising Military Equipment As Civilian Objects to Help Kill Isn’t Perfidy
I read with great interest my friend Rogier Bartels’ long post arguing that it is perfidious to use a bomb planted in a civilian car to kill an enemy soldier. As Rogier notes,…
Killing With Military Equipment Disguised as Civilian Objects is Perfidy, Part II
On Friday, I concluded that modifying a civilian-looking vehicle into a military object to attack an adversary could indeed amount to perfidy during an international armed conflict.…