National Security Law

[Kamari Maxine Clarke is a Professor at the University of California, Los Angeles. This is the latest post in our symposium on Phil Clark’s book, Distant Justice: The Impact of the International Criminal Court on African Politics.] With a spectacular introductory opening that sets the stage for understanding Bosco Ntaganda’s appearance before the International Criminal Court (ICC), Phil Clark’s Distant Justice draws on eleven...

[Przemysław Roguski is a Lecturer in Law at the Jagiellonian University in Kraków (Poland), an expert on cybersecurity and international law at the Kościuszko Institute and a Visiting Fellow at The Hague Program for Cyber Norms at Leiden University’s Institute of Security and Global Affairs.] In the previous post I have described France’s assertion that the legal qualification of a cyberattack, i.e. the determination of the...

[Przemysław Roguski is a Lecturer in Law at the Jagiellonian University in Kraków (Poland) and an expert on cybersecurity and international law at the Kościuszko Institute and a Visiting Fellow at The Hague Program for Cyber Norms at Leiden University’s Institute of Security and Global Affairs.]  On 9 September 2019 the French ministry of defense published a document setting out its views on how...

International accountability as a tool to empower and protect [Jeremie Smith is the Director of the Geneva Office at the Cairo Institute for Human Rights Studies and Karim Salem is a Legal Advisor at the Cairo Institute for Human Rights Studies. This is the final post in our symposium with Justice in Conflict on Libya and International Justice. Mark Kersten’s contribution to the symposium has...

The European Union’s migration containment policy is trapping people in detention centres that are being targeted in the Libyan conflict. [Marwa Mohamed is Head of Advocacy and Outreach at Lawyers for Justice in Libya.  LFJL’s #RoutestoJustice programme works to promote the rights of migrants and refugees in Libya and to provide them with access to justice using domestic courts, regional human rights courts and mechanisms...

[Michael W.R. Adams is a J.S.D. candidate at Columbia Law School.] Increasingly, states across Europe and in the Commonwealth of Nations have adopted laws permitting the ‘denationalization’, or stripping of citizenship, from so-called ‘foreign fighters’ in the interests of national security. Denationalization has antecedents going back to the states of the ancient world. States have historically employed denationalization as a response to...

[Jean-Pierre Gauci is the Arthur Watts Senior Research Fellow in Public International Law at the British Institute of International and Comparative Law (UK) and the Director of The People for Change Foundation (Malta). Eleni Karageorgiou, is a Postdoctoral Fellow, Department of Law at Lund University and Researcher at the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (Sweden).] Two shipwrecks close...

[Victor Kattan is a Senior Research Fellow of the Middle East Institute at the National University of Singapore where he heads the Transsystemic Law Cluster. He is also an Associate Fellow of NUS Law. This is the second part of a two-part post.] Recognition of Palestine’s Statehood Since 1988, 138 states (72 per cent of UN members) have recognised a Palestinian state in the territories occupied by Israel on 4 June 1967. The...

[Raphael Schäfer & Kanad Bagchi are research fellows at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg Germany. This is part two of a two-part post. Part I can be found here.]   On the Question of Remedies Arguably, it is here that the case assumed critical importance not just for jurisprudence of international law as such but also for the parties...

[Raphael Schäfer & Kanad Bagchi are research fellows at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg Germany. This is the first part of a two-part post.]   As the International Court of Justice (ICJ/Court) began to hand down its decision on the Jadhav case, it became almost certain that the ruling will be on predictable...

Ernesto J. Sanchez is an attorney in Miami, Florida who concentrates his practice on appellate and international dispute resolution matters. He is also the author of The Foreign Sovereign Immunities Act Deskbook, published by the American Bar Association. As tensions between Iran and the United States continue, Opinio Juris readers will most likely consult the numerous superb legal commentaries on whether the United...