International Courts
775 Articles
The “ISIS Beatles” and “Non-Territorial” Application of the European Convention of Human Rights
The “ISIS Beatles” litigation in UK courts raises important issues about the geographic reach and content of human rights obligations, in particular those in the European Convention…
Amid US Attacks, Time to Reinvigorate the ICC
At a time when “multilateralism” is a bad word, perhaps no institution is more scorned than the International Criminal Court (ICC), whose global ambitions, legal justifications…
The Rising Challenge of Funding Victims’ Needs at the International Criminal Court
US Ambassador (ret.) David Scheffer discusses shortages of funds at the International Criminal Court for victims of atrocity crimes, and the way forward.
Criminalizing Speech to Protect Religious Peace? The ECtHR Ruling in E.S. v. Austria
It is 2008. A far-right party in Austria hosts seminars that are free to attend and advertised to the public. The subject of one such seminar series is “Basic Information on…
“Protecting Children”: A Welcome Addition to Efforts to Redress Wartime Harms
[This essay is the second in an online mini forum that Just Security is hosting on the new book, Protecting Children in Armed Conflict. Other participants in the mini forum include…
Why the ICC Investigation of Forced Displacement in Myanmar Is a Big Deal
In September, Fatou Bensouda, chief prosecutor of the International Criminal Court (ICC), announced that she was opening a preliminary examination of forcible deportations of the…
Accountability Fatigue: A Human Rights Law Problem for Armed Forces?
Brigadier-General (ret.) Ken Watkin in conversation with General (ret.) David Petraeus' remarks about human rights law and military policies.
Polish Government’s Power Trip Interrupted?
The European Court of Justice tells Poland's Law and Justice party: Follow European Union rules or leave.
Trump Gets “Presumption of Innocence” Wrong on Saudi Responsibility for Khashoggi Disappearance
President Donald Trump has weighed in several times in recent days on the disappearance of Jamal Khashoggi in ways that seem intended to minimize Saudi Arabia’s responsibility,…
What Are the Consequences of the Trump Administration’s Recent Treaty Withdrawals?
Resorting to treaty withdrawal in response to adverse actions by other parties or decisions by international courts sets a destabilizing precedent.
On Big Brother Watch v. U.K.: The Future of Surveillance at Two Europe-Wide Courts
A recent opinion by the European Court of Human Rights was more limited than recent decisions concerning surveillance. The European Court of Justice should seize the opportunity…
New U.K. Law Fails European Court Standards on Mass Interception Disclosed by Snowden
The U.K. government trots out its new surveillance legislation as curing the ills identified by the European Court of Human Rights. That's not the case. The Court’s judgment…