International and Foreign
2,949 Articles
Creative Ambiguity – International Law’s Distant Relationship with Peacetime Spying
In all the sound and fury over “five eye” intercept programs, commentators appear so far to have paid relatively little attention to international law. This is no simple…
More on the Rights of Others – Ben Wittes’ Failure of Imagination
Ben Wittes weighs in today on Lawfare on the side of rejecting privacy rights for anyone but U.S. citizens, aligning himself with Orin Kerr and against myself [see my previous…
Why Killing Terrorists Creates Long-Term Due Process Obligations and What Happens When these Debts Become Due
In July 2013 the European Court of Human Rights (ECtHR) found the United Kingdom in violation of its investigative obligations under Article 2 of the European Convention on Human…
Who Can You Trust? Competing Media Versions of France’s Role in the Iran Nuclear Talks
At the conclusion of the nuclear talks in Geneva this weekend, a consensus emerged in the media: as a result of French Foreign Minister Laurent Fabius’s objections, the talks…
Some Thoughts on the ICC OTP Strategic Plan: Trying to Build the Future on the Failures of the Past
On October 11th of this year, the Office of the Prosecutor (OTP) at the International Criminal Court (ICC) issued its Strategic Plan for 2012-2015. This roadmap for the conduct…
The End of the M23, Will Justice Follow?
In the last few days, we have witnessed some important and welcome developments in eastern Democratic Republic of Congo (DRC)—a region of the world in desperate need of some…
Pakistan Test Fires Missile to Take Down Drones
It might have been easy to doubt the veracity of the Pakistan government’s public protestations against US drone strikes in light of secret agreements between the two governments…
Spy v. Spy?: The coming push to create an EU spy agency to counteract the NSA
In an interview on Monday, a senior EU official, Commissioner of Justice Viviane Reding unveiled, in broad brushstrokes, a proposal to create a spy agency to counteract the NSA.…
Newsweek’s Wayward Cover Story on Snowden and Chinese Cyber Hacking
Newsweek’s current cover story, “How Edward Snowden Escalated Cyber War with China” by Kurt Eichenwald, is an important read. Eichenwald makes two claims: Snowden’s impact:…
African Commission Emerges as New Forum in Quest for Justice for Rendition Victims
[This post is authored by Roxanne Moore (NYU LLM ’14), Daniella Raveh (NYU JD ’15), Meg Satterthwaite, Amanda Bass (NYU JD ’15), in Banjul, Gambia] Today, we appeared alongside…
A Deus Ex Machina Postpones the Kenya Cases
Just a quick update to close the loop on a prior post. There, we noted speculative press reporting that Western diplomats were considering options for delaying the Kenyatta and…
We Are All Foreign Nationals — Even Orin Kerr
The always thought-provoking Orin Kerr has responded, on Lawfare, to my plea here for respecting the privacy rights of foreign nationals. Kerr finds my arguments unpersuasive,…