Customary International Law
140 Articles

Why Terrorism Exceptions to State Immunity Do Not Violate International Law
If the International Court of Justice approaches Iran’s claims against Canada the same way it approached Germany’s claims against Italy, Canada should prevail.

Iran’s ICJ Case against Canada Tests the Terrorism Exception to Sovereign Immunity
Iran’s ICJ Application alleges Canada’s designation of Iran as a state sponsor of terrorism and legislation allowing private plaintiffs to sue Iran in Canadian courts for terrorism-related…

Prosecuting Ecocide: The Norms-Adoption/Enforcement Paradox
Might the prospects of meaningful norms enforcement of ecocide at the International Criminal Court level be disproportionate to the investments needed – and challenges associated…

2nd Time’s the Charm: France’s Cour de Cassation Broadens Universal Jurisdiction Law
"With its liberal interpretation of French law, the Cour de cassation narrowly saved the doctrine of universal jurisdiction in France, particularly for crimes in Syria."

Freedom of Expression and Media Freedom as a Driver for All Human Rights
Freedom of expression is protected in international law, because, without it, democracy and the rule of law wither away. A free press is a vital aspect.

Transnational Repression Increasingly Reaches Into the United States
In countering transnational repression, "[c]ivil litigation provides a pathway for holding ... authoritarian regimes directly accountable, not just their hired guns, if significant…

Mexico Appeals in Case Against Gun Manufacturers
"Mexico’s litigation is part of wider efforts to hold irresponsible members of the U.S. gun industry accountable for transborder damage caused with their products on its territory."

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.

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.

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…

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."