Customary International Law

Sanctions against a foreign minister are a provocation that impede diplomacy. Their legality under international law also turns out to be a complex issue.

Are foreign states and their property immune from civil forfeiture suits brought by the U.S.? In a case involving a Manhattan skyscraper controlled by Iran, the Second Circuit…

Part I demonstrated that the United States is likely to struggle to make a convincing argument that economic cyber intrusions carried out against it breach international law. Consequently,…

On June 11, 2019, White House National Security Adviser John Bolton announced that U.S. offensive cyber operations would be expanded beyond countering election interference to…

Emplacing malware in critical infrastructure on which the civilian population depends is a decision States must not take lightly. It may also violate international law, but 'responding…

Unpacking the legal issues discussed in this major decision by German court.

The view that the U.S. government does not accept that international human rights law applies to US activities in foreign countries is mistaken., writes Goodman. The Department…

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…

UN human rights body goes far in recognizing how gender and women's rights intersect with (national) security issues, but far enough?

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…

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 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,…