Customary International Law
140 Articles
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…
Cross-Border Access to Data: Google’s Senior VP Weighs In
This morning, Kent Walker, Senior Vice-President and General Counsel of Google, gave a speech to a packed audience at the Heritage Foundation, laying out the need for new laws…
Political Parties as Critical Infrastructure?
Former Secretary of Homeland Security Jeh Johnson testified Wednesday before the House Intelligence Committee as part of the House investigation into Russian interference in the…
“Golden Shield” Oral Arguments Today: Doe v. Cisco
A panel of the Ninth Circuit of Appeals in San Francisco (composed of Judges Stephen Reinhardt, Wallace Tashima, and Marsha Berzon) will hear oral arguments today in the Alien…
UK Government’s Response on Drone Strikes Policy Leaves British Parliament Wanting More
A heads-up to Just Security readers: The UK government has responded to the British Parliament’s Joint Committee on Human Rights (JCHR) report on the use of drones for targeted…
What Law Applies to the Resort to Force Against Non-State Actors? Filling the Void of “Internal Jus Ad Bellum”
What international legal rules determine when the U.S. government can resort to force against a non-state armed group such as the Khorasan Group, if that organization plans an…