A possible Supreme Court case with real consequences for how federal courts and foreign governments engage on foreign law.
Latest in International Law
The campaign against autonomous weapons has learned a lot from the effort to ban landmines in the 1990s.
Thoughts on cosmopolitanism and Anthea Roberts’s magisterial new book, Is International Law International?.
The UN Human Rights Council Commission of Inquiry erred in its legal analysis of a U.S. airstrike in Syria.
As I noted in my post yesterday, the Chinese government has declined to clarify how and whether it believes the international law governing the use of applies to cyber warfare. Its refusal to do so has drawn sharp criticism from the U.S. and other cyber powers.
Forcing China to Accept that International Law Restricts Cyber Warfare May Not Actually Benefit the U.S.
In a new Hoover paper, I argue that even if China agrees to apply international law to cyber warfare, that would probably not prevent or reduce the possibility of cyber conflict with the United States.
The United States and Russia are quietly discussing establishing a so-called “safe zone” in southern Syria. But if recent events are an indicator, safe zones may not actually protect civilians.
What an expansive conception of soldier or unit self-defense means for IHL and modern asymmetric conflict.
While Trump Pledges Withdrawal from Paris Agreement on Climate, International Law May Provide a Safety Net
International law, developed over centuries of interactions among nations with leaders with egos and agendas at least as large as Donald Trump’s, has evolved precisely to ensure continuity among the community of states and to moderate the effect of major disruptions such as Trump’s recent announcement. If these mechanisms are utilized as intended by both domestic and international constituencies, the planet and the climate may yet survive Trump’s frontal assault.
Challenging the ICC’s jurisdiction based on the status-of-forces agreement (SOFA) that Afghanistan entered into with the US in 2002 is, in my opinion, the best US option if its goal is to avoid the ICC investigation. But no one has yet presented the SOFA to the ICC Prosecutor.