Customary International Law
133 Articles

The Extraterritorial Right to Privacy: An Opportunity to Impact the Debate
A codicil to our ongoing discussion of the human rights implications of foreign and mass surveillance (see prior posts by Ryan Goodman (here and here), Philip Alston, Jennifer…

UN Human Rights Committee Says ICCPR Applies to Extraterritorial Surveillance: But is that so novel?
[Editor’s Note: John Bellinger over at Lawfare replied to the following post. And Ryan has a new post, partly in response to John.] A major development in today’s UN Human…

International Law on Mass Foreign Surveillance: A Response to Ben Wittes and Ashley Deeks
On Monday, I joined the debate between Glenn Greenwald and Ben Wittes by arguing that the issue of mass surveillance of foreign populations is regulated by international human…

The United States’ Position on Extraterritoriality: The Time For Change Is Now
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

The Koh Memo’s Impact on the Current US Position (A Reply, in part, to Ben Wittes)
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

Letter to the Editor from Manfred Nowak, What does extraterritorial application of human rights treaties mean in practice?
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

In Defense of the Memoranda: A Reply to Ben Wittes
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

The United States’ Long (and Proud) Tradition in Support of the Extraterritorial Application of International Human Rights Law
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

Koh on Non-Refoulement
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

Letter to the Editor from Former Member of the Human Rights Committee, Martin Scheinin
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

Harold Koh’s Legal Opinions on the US Position on the Extraterritorial Application of Human Rights Treaties
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

Extraterritorial Surveillance Under the ICCPR . . . The Treaty Allows It!
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…