Human Rights
973 Articles
Press Freedom and Africa’s Regional Courts: A Positive Model for Transparency and Accountability
The last part of 2016 has not brought much positive news on justice and accountability across Africa. No less that three States — Burundi, South Africa and Gambia — announced…
Category Mistake: There Is No Jus ad Bellum for Use of Force Against Non-State Actors
From South Asia to Europe and beyond, government lawyers have to inquire as to when a State is legally justified in resorting to military force against a non-State actor. What…
Human Rights Law is the Legal Basis for Use of Force Against Non-State Armed Groups—But What Follows?
In recent weeks there have been two significant and related debates on Just Security about the justification for the use of force against non-state armed groups and the place of…
The Laws of War: Their Nature and Moral Function
In his final address on issues of war and peace, President Obama reminds us all that “[w]e are a nation that stands for the rule of law, and strengthen[s] the laws of war.”…
Letter to the Editor: Response to Human Rights in Armed Conflict, Part I
In a previous post, I raised numerous concerns with Prof. Adil Haque’s novel proposal that lowers the threshold for determining what constitutes a non-international armed conflict…
Human Rights in Armed Conflict, Part II
In my previous post, I took seriously Jonathan Horowitz’s concern that some States believe that the application of international humanitarian law (IHL) may displace or reduce…
Human Rights in Armed Conflict, Part I
When powerful States adopt a mistaken view of international law, should we—scholars, practitioners, and activists—resist their view and insist on our own? Or should we regard…
Accountability for States’ Assisting Other States’ Wrongful Acts: The Superior Effectiveness of Human Rights Norms
Just Security and Chatham House are hosting a “mini forum” to debate and discuss Chatham House’s new research paper on “Aiding and Assisting: Challenges in Armed Conflict…
The Right to Life as the Jus ad Bellum of Non-International Armed Conflict (A Reply to Lieblich)
An important question raised in a recent post in Just Security is what law governs when a state can resort to military force against a threat from a non-state actor. Professor…
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…
De Facto and De Jure Non-International Armed Conflicts: Is It Time to Topple Tadić?
When does violence between a state and non-state actor constitute an armed conflict and thus trigger the system of legal rules that apply in non-international armed conflict (NIAC)?…
The UK’s Al-Saadoon Case: Stepping Back From the Extraterritorial Application of the ECHR for Physical Force
On September 9, the United Kingdom’s Court of Appeal delivered its judgment in Al-Saadoon and Others v. Secretary of State for Defence. This is a case dealing with almost 1,300…