Customary International Law
133 Articles
General Comment 36: A Missed Opportunity?
General Comment 36 on the human right to life under article 6 of the ICCPR adopts the view that both international humanitarian law (IHL) and human rights law (IHRL) apply during…
Gendered Security and the Right to Life: Analysis of UN Human Rights Committee’s General Comment
UN human rights body goes far in recognizing how gender and women's rights intersect with (national) security issues, but far enough?
Targeted Killing and the Right to Life: A Structural Framework
Shaheed Fatima Q.C., analyzes the recently issued "General Comment 36" of the United Nations Human Rights Committee, which sets forth a legal framework under human rights law for…
Human Rights, Deprivation of Life and National Security: Q&A with Christof Heyns and Yuval Shany on General Comment 36
In a Q&A with Ryan Goodman, Christof Heyns and Yuval Shany, members of the UN Human Rights Committee, examine the national security implications of General Comment 36 -- the Committee’s…
The 2018 Annual Report of the U.N. International Law Commission
The U.N. International Law Commission’s 2018 annual report is being debated from October 22 to 31 before the Sixth (Legal) Committee of the U.N. General Assembly. Sean Murphy,…
Brett Kavanaugh and the Risk of a Return to Torture
Brett Kavanaugh, holds a stark view of the role of international law, which could threaten the protection of fundamental human rights, including the right not to be tortured.
The Legality of Using Force to Deter Chemical Warfare
We should not be asking whether the missile strikes against Syria's chemical weapons program represent a lawful humanitarian intervention. Instead, we should be asking if – and…
Microsoft, Ireland, and the Rest of the World
United States v. Microsoft will be practically significant for its effect on law enforcement’s ability to access data stored abroad, and it has the potential to be doctrinally…
Microsoft Ireland: Extraterritoriality Step Zero
United States v. Microsoft is a fascinating case because it appears at the cross-roads of so many different areas of the law—the Fourth Amendment, criminal law, data privacy,…
Collective Self-Defense and the “Bloody Nose Strategy”: Does it Take Two to Tango?
The Japanese people and their government have reason to be nervous. Last year, North Korea conducted two ballistic missile tests over Japan. If that was not enough, the U.S. Government…
Best Advice for Policymakers on “Bloody Nose” Strike against North Korea: It’s Illegal
In this image provided by the South Korean Unification Ministry, the head of South Korean delegation Lee Woo-Sung shakes hands with the head of North Korean delegation Kwon Hook-Bong…
Beyond Customary International Law: What Jesner Can Learn From Corporate Criminal Liability for International Crimes
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…