Customary International Law

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140 Articles
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.
Two Colt guns are on display at the Museum of Drugs of Mexico City, on December 3, 2008.

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.
Cubans are seen outside Havana's Capitol during a demonstration against the government of Cuban President Miguel Diaz-Canel in Havana, on July 11, 2021.

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.
Side by side photos of Guantanamo Bay and the DOJ.

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…
The old courtroom building, pictured through an opening from inside an airplane hangar used for media activities at Camp Justice, site of the US war crimes tribunal compound at Guantanamo Bay US Naval Base, Cuba, April 9, 2014. A guard stands at the opening of the hanger.

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…
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