International and Foreign
3,240 Articles
Why the US Failure to Support an ICC Referral for Syria does not Protect Israel (or American Interests)
As we watch and wait for the outcome of the destruction and disposal of the chemical weapons in Syria, the issue of accountability for war crimes and/or crimes against humanity…
Kenya, with African Union Backing, to Seek Again Deferral of the Cases Before the ICC?
In other ICC news…. It is being reported that a diplomatic deal is being struck to seek the postponement of the Kenyan cases through the Security Council. This follows on the…
Humanitarian Intervention and Global Legal Norms
Thank you to Harold Koh for spurring (here and here) a discussion about some of the most important issues of our time—on matters concerning wars of choice and building an effective…
Reviving Opinio Juris and Law of Armed Conflict Pluralism
It is by now hackneyed routine. A U.S. government attorney or legal policymaker invited to appear at a law of armed conflict (LOAC) conference prefaces her remarks with a pro forma…
Syria and the Law of Humanitarian Intervention (Part III – A Reply)
My recent two-part essay on Syria, posted on this blog, made both a policy claim and a legal claim. My policy claim was that despite undeniable political miscues, President Obama’s…
The Case of Abu Anas al-Libi: International Law Q & A
On Saturday, October 5, 2013, the US captured terrorist suspect Nazih Abdul-Hamed al-Ruqai (Abu Anas al-Libi) in Tripoli, Libya, and, reportedly, is now interrogating him on a…
Al-Liby: “Rendition to Justice” under Human Rights and Humanitarian Law
The U.S. government is reportedly holding Abu Anas al-Liby (Nazih Abdul-Hamed al-Ruqai) on a Navy ship following a military-led apprehension in Tripoli on October 5. The capture…
The Interface of IHL and IHR: A Taxonomy
As the excellent Jinks/Corn/Rona series on IHL/IHR notes, there are a number of theories surrounding the interface between international humanitarian law (or the law of armed conflict)…
Al-Liby: Male Captus, Bene Detentus?
Further to Marty’s post today on the question of Libya’s consent vel non to the recent al-Liby operation, we should also call attention to a long-withheld OLC opinion (13 U.S.…
Harold Koh’s Case for Humanitarian Intervention
The week before last, Harold Koh posted a defense of President Obama’s authority to use force in Syria without congressional authorization. Last week Professor Koh turned to…
The Baraawe Raid: A Test for the Obama Administration’s View of al Shabab? [UPDATED]
[Update: 10:10 p.m. (EDT): It now appears that earlier reports were premature–and that the Baraawe raid may have resulted in the death of the senior Shabab leader earlier…
Syria and the Law of Humanitarian Intervention (Part II: International Law and the Way Forward)
My first post for Just Security explained why, despite some bungled politics, President Obama’s proposed military action in Syria could have been lawful under U.S. domestic law.…