Extraterritoriality
76 Articles
Human Rights Law and U.S. Military Operations in Foreign Countries: The Prohibition on Arbitrary Deprivation of Life
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…
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…
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,…
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…
“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…
Different Human Rights at Home and Abroad: Immunity for British Soldier during Overseas Operations
Yesterday, October 4, 2016, U.K. Defence Secretary Michael Fallon proclaimed that British soldiers need to be protected from “spurious claims.” He said that soldiers should…
The UK’s New Derogation Policy for Armed Conflicts: Making a Success of the European Convention on Human Rights?
Speaking at the annual conference of the Conservative Party on October 4, U.K. Defence Secretary Michael Fallon sought to reassure Britain’s nervous allies and the general public…
Application of Human Rights Law to Military Actions Abroad: A Recent UK Judgment
Last month, the English High Court issued a judgment in Kontic v. Ministry of Defence, a case that dealt with whether and when the European Convention of Human Rights (ECHR) applies…