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U.S. Sanctions Against Iran’s Foreign Minister and International Law

Sanctions against a foreign minister are a provocation that impede diplomacy. Their legality under international law also turns out to be a complex issue.
People walk by The Piaget Building at 650 5th Avenue, which has been named as being owned by the Iranian government, on November 13, 2009 in New York City.

Second Circuit Gets Civil Forfeiture under the Foreign Sovereign Immunities Act Wrong

Are foreign states and their property immune from civil forfeiture suits brought by the U.S.? In a case involving a Manhattan skyscraper controlled by Iran, the Second Circuit…
Iran's Ambassador to the United Nations (UN) Majid Takht Ravanchi holds up maps of the Strait of Hormuz while speaking to the media before a meeting with other UN members on the escalating situation with the United States At United Nation headquarters on June 24, 2019 in New York City.

Proportionality and 150 Iranian Lives: Do They “Count”?

General (ret.) Ken Watkin explains why assessing civilian casualties in the jus ad bellum proportionality analysis is the right approach.

Now is the Time to Repeal the 2002 AUMF

Repealing the 2002 AUMF would take an unnecessary force authorization off the books, ensure it can’t be improperly invoked to drag the U.S. into unauthorized war, and reassert…
General Amir Ali Hajizadeh, Iran's Head of the Revolutionary Guard's aerospace division, looks at debris from a downed US drone reportedly recovered within Iran's territorial waters and put on display by the Revolutionary Guard in the capital Tehran on June 21, 2019.

Self-Defense in International Law: What Level of Evidence?

With the question of whether Iran's actions justify the use of force, the issue of evidence is once again at the forefront of international debate. So, how much evidence does a…
Iran's Ambassador to the United Nations Majid Takht Ravanchi holds up maps of the Strait of Hormuz while speaking to the media before a meeting with other UN members on the escalating situation with the United States At United Nation headquarters on June 24, 2019 in New York City.

Iran’s Shifting Views on Self-Defense and ‘Intraterritorial’ Force

Iran’s justification for shooting down a US drone suggests a subtle shift in its understanding of international law.
A laptop displays a message after being infected by a ransomware as part of a worldwide cyberattack on June 27, 2017 in Geldrop.

Cyberattack Attribution and the Virtues of Decentralization

In the midst of rising tensions between the United States and Iran over tanker attacks and Iran’s downing of a U.S. drone, reports emerged that U.S. Cyber Command had launched…
US Secretary of State Mike Pompeo arrives to announce the creation of the "Iran Action Group" during a press briefing at the State department in Washington, DC, August 16, 2018.

Unpacking the State Dept Acknowledgment that 2001 and 2002 AUMFs Don’t Authorize War Against Iran

An analysis of State Dept's major concession, whether the one stated exception is a loophole for military action, and what Congress should now do.
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Anticipating the President’s Way Around the War Powers Resolution on Iran: Lessons of the 1980s Tanker Wars

Former senior State Department lawyer, Todd Buchwald, who worked on war powers issues during the 1980s Tanker Wars involving U.S. military actions against Iran, explains how the…
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The Missing Piece in US-Iran Drone Dispute: Navigational Freedoms and the Strait of Hormuz

"Even if the drone flew only across 'international airspace,' significant legal questions arise as to whether its activities violated the rules for transit and what legal recourse…
Maps showing US and Iranian reports of drone paths.

Top Expert Backgrounder: Aborted U.S. Strike, Cyber Operation Against Iran and International Law

"It is difficult to definitely conclude that the proposed U.S. kinetic strikes would have been valid exercises of self-defense."
The State Department's director of policy planning and head of the Iran Action Group, Brian Hook, shakes hands with US Secretary of State Mike Pompeo after the announcement of the "Iran Action Group" during a press briefing at the State department in Washington, DC, August 16, 2018.

Asking the Right Question on Iran, Al-Qaeda and the AUMF

The President and senior members of his administration are trying to skew a critical public debate by framing it inaccurately. The stakes—including a potential new war in the…
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