Customary International Law

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Just Security Podcast: Spies, Balloons, and International Law

What does international law say about spying? To answer that question we have Asaf Lubin, an expert on international law and espionage. 
A teenage child looks at a screen of age-restricted content on a laptop.

Mind the Gap: The UK is About to Set Problematic Precedents on Content Regulation

Potentially positive elements of the UK's Online Safety Bill "are overshadowed and at risk of being negated by some of the more politically-motivated, hyperbolic aspects. The House…

The Ecocide Wave is Already Here: National Momentum and the Value of a Model Law

A "Model Law" addressing ecocide and other environmental crimes could help heighten the stigma against grave environmental harms.
A picture shows a general view of the Israeli settlement of Givat Zeev, near the Palestinian city of Ramallah in the occupied West Bank, on February 3, 2023

Israel is Annexing the West Bank. Don’t be Misled by its Gaslighting

Three indicators can show a change in the legal status of a territory, demonstrating de jure annexation, even without a formal declaration. Under this test, Israel is presently…
A woman walks past a damaged building in Lyman, Donetsk region.

Why We Need the Alien Tort Statute Clarification Act Now

"The ATSCA, while not a panacea, would revive one important tool for protecting human rights. It deserves the attention of the Senate Judiciary Committee now."
A multi-purpose weapon robot from US Darley Defense makes his way at the Eurosatory international land and airland defence and security trade fair, in Villepinte, a northern suburb of Paris, on June 13, 2022. (Photo by Emmanuel DUNAND / AFP) (Photo by EMMANUEL DUNAND/AFP via Getty Images)

Gendering the Legal Review of New Means and Methods of Warfare

Weapons' use and impact on civilians and combatants varies across genders - meaning States must undertake gender-sensitive reviews of new weapons.
A view of the Russian Central Bank headquarters in downtown Moscow on May 26, 2022. (Photo by NATALIA KOLESNIKOVA/AFP via Getty Images)

Politics, Not Law, Is Key to Confiscating Russian Central Bank Assets

The political and legal complications of using such proceeds to compensate Ukraine aren't trivial, but neither are they insurmountable.
A photo taken on May 23, 2021 shows a Boeing 737-8AS Ryanair passenger plane (flight FR4978, SP-RSM) from Athens, Greece, that was intercepted and diverted to Minsk on the same day by Belarus authorities, landing at Vilnius International Airport, its initial destination. - European Union leaders will discuss toughening their sanctions regime against Belarus on May 24 at their planned summit, after Minsk diverted the Ryanair passenger flight flying from Athens to Vilnius and arrested Belarusian opposition activist Roman Protasevich

Foreign Policy and Legal Implications of the Belarus Aircraft Piracy Indictment

What SDNY's speaking indictment of Belarusan officials with conspiracy to commit aircraft piracy for allegedly engineering the diversion of a Ryanair flight in order to arrest…
Mexican flag and USA flag with gavel in foreground

Mexico v. Smith & Wesson: High-Stakes Gun Suit May Turn on Choice-of-Law Analysis

A U.S. district court will decide whether Mexico's suit against gun manufacturers is allowed to proceed.
Sign reading "WARNING: WEAPONS/AMMO ILLEGAL IN MEXICO". White sign with yellow "WARNING" header, set against dusty road.

Mexico v. Smith & Wesson: U.S. Court Duel Over Extraterritorial Legal Issues Looms with Motion to Dismiss

U.S. gun manufacturers and distributors moved to dismiss Mexico's against them, teeing up a U.S. court showdown implicating transnational legal issues.
Image: Polish law enforcement officers stand at the frontier at the Bruzgi-Kuznica border crossing where migrants gathered aiming to cross into Poland, in the Grodno region on November 16, 2021. (Photo by MAXIM GUCHEK/BELTA/AFP via Getty Images)

Stirring Trouble at the Border: Is Belarus in Violation of International Law? – Part 1

Belarus has been criticized for using desperate migrants to pressure EU borders. But is it breaking international law by doing so?
Former Liberian President Charles Taylor flanked by uniformed guards waits for the start of his appeal judgement on September 26, 2013 in the courtroom of the Special Court for Sierra Leone in The Hague.

The Draft Convention on Crimes Against Humanity Should Enshrine the Highest Standards of International Law

While it contains laudable provisions, it is silent on certain fundamental issues, and some clauses set out the lowest common denominator.
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