International Law
513 Articles
The New US “Red Line” – No Privacy Rights For Foreigners
Colum Lynch has a fascinating blog at Foreign Policy based on a leaked memo reflecting the United States’ latest “redline”: that no privacy rights be recognized for foreigners…
Major New Step Forward For International Debate on Autonomous Weapons Systems
Today, the 117 state parties to the Convention on Certain Conventional Weapons (CCW) agreed to hold the first ever intergovernmental meeting on autonomous weapons systems. The…
Preventive Detention and Human Rights Law: A Way Out of Bagram or Another Dead End?
With the drawdown of US forces in Afghanistan, one of the thorniest problems involves the detention of individuals who cannot be criminally tried but nevertheless pose an acute…
Creative Ambiguity – International Law’s Distant Relationship with Peacetime Spying
In all the sound and fury over “five eye” intercept programs, commentators appear so far to have paid relatively little attention to international law. This is no simple…
More on the Rights of Others – Ben Wittes’ Failure of Imagination
Ben Wittes weighs in today on Lawfare on the side of rejecting privacy rights for anyone but U.S. citizens, aligning himself with Orin Kerr and against myself [see my previous…
Report to the General Assembly on Armed Drones and the Right to Life (or drones should follow the law, not the other way around)
[Editorial note: Last week, the United Nations discussed two major reports on drones. Just Security’s coverage included posts by Philip Alston, Ryan Goodman (here, here), Kevin…
We Are All Foreigners: NSA Spying and the Rights of Others
The New York Times reports today that President Obama is expected to ban eavesdropping on the phones of our allies’ presidents and prime ministers. There is no indication,…
IHL, Transparency, and the Heyns’ UN Drones Report
In his critique of Christof Heyns’ new UN report on the right to life in the context of lethal drone strikes, Eric Jensen erects two straw men and then proceeds to knock them…
Scientists from 37 Countries Call for Ban on Autonomous Lethal Targeting
Today, an organization of scientists released a call for a preemptive legal ban on autonomous weapons systems (AWS) – those that can select and engage targets without human intervention. …
The President’s May 23d NDU Speech in Action: The Broader Significance of the al-Liby and Ikrima Operations [UPDATED Oct. 15]
If reported accounts thus far are accurate, the al-Liby and Ikrima capture operations last weekend are important illustrations of several things that the President and his top…
The Al-Libi Case Is a Step Forward, Even if Not (Yet) A Paradigm Shift
Jack Goldsmith on the Lawfare blog has an interesting response to Mary DeRosa and Marty Lederman’s take on the implications of the al-Libi and Ikrima operations. I agree…
Why the US Failure to Support an ICC Referral for Syria does not Protect Israel (or American Interests)
As we watch and wait for the outcome of the destruction and disposal of the chemical weapons in Syria, the issue of accountability for war crimes and/or crimes against humanity…