sovereignty
72 Articles
Part 1 – Tanker, Jailer, Soldier, Sailor: Functional Immunity and the Enrica Lexie Award
At the heart of the Enrica Lexie dispute-- a clash between an Italian tanker and an Indian fishing boat-- lies a question of jurisdictional immunity: was India barred from exercising…
The UN Charter’s Original Effect on State Sovereignty and the Use of Force
In 1945, not all states were UN members and not all territories were states: Dehn explains how use of force and self-defense rights under the Charter reflect these different statuses…
Letter to the Editor: There is No Affront to U.S. Sovereignty in the Int’l Criminal Court Investigation
Editor’s Note: This piece is part of Just Security’s ongoing coverage of Executive Order 13928, “Blocking Property of Certain Persons Associated With the International Criminal…
The ICC Wants Justice But Has No Mandate
The recent escalation in the ongoing conflict between the United States and the International Criminal Court (ICC) is as unfortunate as it is predictable, having come to a head…
The Importance of New Statements on Sovereignty in Cyberspace by Austria, the Czech Republic and United States
With now five States openly supporting the sovereignty-as-a-rule position, the U.K. and United States (or at least the U.S. Department of Defense) find themselves in the minority,…
The Defense Department’s Measured Take on International Law in Cyberspace
A close reading of the Defense Department's statement on cyber by top expert, comparing it to positions of Australia, France, Netherlands, United Kingdom and others.
Russian Cyber Attacks Against Georgia, Public Attributions and Sovereignty in Cyberspace
"The attack on Georgia shows the opportunity costs of states not firmly grounding their reactions in the language of international law."
Norm-Skepticism in Cyberspace? Counter-Factual and Counterproductive
Leading expert on international law and cyber responds to statement by Chief of US Naval Operations, Admiral Mike Gilday on international norms in cyberspace.
No “State”-ing the Obvious for Palestine: Challenging the ICC Prosecutor on Territorial Jurisdiction
The judges have been tossed the hot statehood potato in a situation where neither the factual circumstances nor legal issues are sufficiently clear.
U.S. Legal Defense of the Soleimani Strike at the United Nations: A Critical Assessment
A critical annotation of the principal claims in the United States' formal letter to the U.N. justifying the Soleimani strike.
United States Killed Iraqi Military Official and Iraqi Military Personnel in the Two Recent Attacks
"If these dimensions of the unfolding events are not properly understood by U.S. decision makers and the media, the currently highly volatile situation—between the United States,…
The Application of International Law to Cyberspace: Sovereignty and Non-intervention
A new Chatham House Report discusses how key international law principles apply to States’ cyber operations below the threshold of use of force and makes recommendations to governments…