Extraterritoriality
78 Articles
Legal Explainer: German Court Reins in Support for U.S. Drone Strikes
Unpacking the legal issues discussed in this major decision by German court.
Liberian War Crimes Claims Survive in Alien Tort Statute Case
Victims of human rights abuses abroad scored a win recently, when the U.S. District Court for Eastern Pennsylvania ruled in Jane W. et al. v. Thomas that claims involving war crimes…
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…