Customary International Law
140 Articles
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?…
The Treaty on the Prohibition of Nuclear Weapons and its Limited Impact on the Legality of their Use
On October 24, 2020, following Honduras’ ratification, the UN announced the Treaty on the Prohibition of Nuclear Weapons (TPNW) would enter into force on January 22, 2021. Accompanying…
Nestlé & Cargill v. Doe Series: A Canadian Perspective – Takeaways from Nevsun Resources Ltd. v. Araya.
As the U.S. Supreme Court wrestles with corporate immunity for human rights abuses abroad, they may find a parallel Canadian case – in which the Supreme Court of Canada opened…
Nestlé & Cargill v. Doe Series: Rethinking the Alien Tort Statute
Tuesday's Supreme Court argument tackled thorny questions of extraterritoriality, customary international law, and corporate liability. But were any of these questions necessary?…
How to Elevate the Status of Human Rights – at Home and Abroad – in a Biden-Harris White House
In these last days of the outgoing administration’s four-year assault on basic international norms, advocates have been issuing detailed recommendations for how the Biden-Harris…
Nestlé & Cargill v. Doe Series: Mapping Amici Arguments
The Nestlé/Cargill v. Doe litigation has attracted dozens of amici briefs arguing over corporate liability, extraterritorial reach, separation of powers, and the aim of the Alien…