Customary International Law
133 Articles
Mexico v. Smith & Wesson: Does US Immunity for Gun Manufacturers Apply Extraterritorially?
The plaintiffs have a strong argument that a 2005 immunity law does not prohibit some of their claims.
Turning Cuba’s Internet Back On: International Legal Options
Top cyber law expert writes that the United States government can restore Internet and social media service to Cuban people under international law.
What the US Government Brief Should Have Said in Al-Hela: On Guantanamo and Due Process
"Had the Justice Department wanted to recognize that the due process clause applies at Guantanamo, the brief would have essentially written itself."
Nestlé & Cargill v. Doe: What’s Not in the Supreme Court’s Opinions
The Court ruled out extraterritorial application of the Alien Tort Statute. But on other key questions -- including corporate liability, secondary liability, and the status of…
Torture Evidence and the Guantanamo Military Commissions
Burying evidence of torture, while surreptitiously admitting the fruits of torture is not what a decent legal system does. Bringing to justice those accused of atrocious crimes…
On Functional Immunity of Foreign Officials and Crimes under International Law
Landmark judgment by Germany’s top criminal court on foreign officials' lack of immunity in war crimes trials. Analysis by renowned scholar, Professor Claus Kress.
Kunduz Airstrike Before European Court of Human Rights: Future of Jurisdiction and Duty to Investigate
The future of European Human Rights Court's jurisdiction and the future of States' duty to investigate civilian casualties in wartime.
Now is the Time for the Biden Administration to Commit to Upholding Reproductive Rights as Human Rights
The US has an opportunity to renew its commitment to human rights as it responds to UPR suggestions. It must seize the moment to affirm that reproductive and sexual rights are…
German Court Major Judgment on Foreign Officials’ Lack of Immunity in War Crimes Trials
A leading scholar explains landmark decision by Germany's highest criminal court.
Transforming the US Human Rights Report to Reflect Gender Rights — and Security
The Trump administration damaged the annual report's credibility. It is critical to rethink the data, especially on women and girls.
The UDHR, Digital Authoritarianism, and Human Rights after Trump
"A simple return to an imagined world of pre-Trump human rights is not enough."
Nestlé & Cargill v. Doe Series: In Oral Arguments, Justices Weigh Liability for Chocolate Companies
U.S. corporations, including Nestle and Cargill, may face massive liability under the Alien Tort Statute for aiding and abetting slavery abroad. But does the ATS support such liability?…