Customary International Law
140 Articles
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…
Application of Human Rights Law to Military Actions Abroad: A Recent UK Judgment
Last month, the English High Court issued a judgment in Kontic v. Ministry of Defence, a case that dealt with whether and when the European Convention of Human Rights (ECHR) applies…
Targeting Tankers — and Their Drivers — Under the Law of War (Part 2)
Leaflets dropped 45 minutes before airstrikes targeting ISIL oil tankers. Image credit: US Defense Department Editor’s Note: This is the second in a two-part post discussing…
Targeting Tankers Under the Law of War (Part 1)
Editor’s Note: This is the first in a two-part post discussing how the law of war applies to airstrikes against oil tanker trucks. You can read Part Two here. On November…
Polish Outrage to Paying Victims of CIA Black Sites—and What the Eur Court Said
Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of…
Microsoft Case: The Government Responds, But Fails to Convince
The government has now filed its Second Circuit brief in the dispute with Microsoft (discussed here, here, and here), challenging key assertions by Microsoft and its many amici,…
Jaloud v. Netherlands: European Court of Human Rights addresses extra-territorial jurisdiction in Iraq
Last month, the Grand Chamber of the European Court of Human Rights handed down its judgment in Jaloud v. the Netherlands (full text). The case arose out of the death of Azhar…
U.N. Committee Criticizes U.S. Record on Torture, Praises U.S. on Extraterritorial Reach of Treaty
On Friday, the United Nations Committee against Torture released its report (full text) on U.S. compliance with the Convention Against Torture. The Committee’s review included…
The Global Reach of the U.S. Position on Torture
The U.S. government’s public pronouncement that the Convention Against Torture (CAT) applies beyond U.S. borders and in situations of armed conflict—its unequivocal “yes”…
The United States and the Torture Convention, Part I: Extraterritoriality
[Editor’s Note: Just Security is holding a “mini forum” on the change in the U.S. government’s position on the application of the Convention Against Torture beyond U.S.…
Harold Koh’s New “Memo to the President” on the Torture Convention
President Obama must soon decide whether to instruct a US delegation, which will appear before a UN body in Geneva next week, whether to equivocate, reject, or accept that the…