United Kingdom (UK)
272 Articles
Letter to the Editor from Professor Terry Gill on Classification of International Armed Conflict
Firstly, many thanks to Professor Adil Haque for reading my piece and for his thoughtful comments on it, both favorable and less so. Let me briefly reply to some of the points…
Between the Law of Force and the Law of Armed Conflict
Last week, I argued in favor of the ICRC’s position that if one state uses armed force in the territory of another state then an international armed conflict (IAC) arises between…
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)?…
Can States Legally Provide Targeting Assistance to War Criminals?
Last week, when I challenged an argument for US liability for war crimes in Yemen, I didn’t anticipate ending up on the other side of a (somewhat heated) Twitter debate with…
Different Human Rights at Home and Abroad: Immunity for British Soldier during Overseas Operations
Yesterday, October 4, 2016, U.K. Defence Secretary Michael Fallon proclaimed that British soldiers need to be protected from “spurious claims.” He said that soldiers should…
The UK’s New Derogation Policy for Armed Conflicts: Making a Success of the European Convention on Human Rights?
Speaking at the annual conference of the Conservative Party on October 4, U.K. Defence Secretary Michael Fallon sought to reassure Britain’s nervous allies and the general public…
Whose Armed Conflict? Which Law of Armed Conflict?
When one state, say, the United States, uses military force on the territory of another state, say, Syria or Pakistan, without the consent of that state, what legal rules constrain…
The UK Snooper’s Charter and the Anderson Report on Bulk Powers
In August, the UK’s Independent Reviewer of Terrorism Legislation, David Anderson QC, released his “Report of the Bulk Powers Review”. He was asked to undertake the review…
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…
Application of Human Rights Law to Military Actions Abroad: A Recent UK Judgment
Last month, the English High Court issued a judgment in Kontic v. Ministry of Defence, a case that dealt with whether and when the European Convention of Human Rights (ECHR) applies…
Are the U.S. and U.K. parties to the Saudi-led armed conflict against the Houthis in Yemen?
A series of posts at Just Security have focused on the rules that apply to U.S. and U.K. support for the Saudi-led coalition’s military operations against the Houthi rebels…
Does the Int’l Criminal Court Have Jurisdiction over Alleged War Crimes by Saudi-Led Coalition in Yemen?
Does the International Criminal Court have jurisdiction over potential war crimes allegedly committed by the Saudi-led coalition in its battle against the Houthi rebels in Yemen?…