International Law Archive

Have know-nothing civilian bureaucrats, lily-livered humanitarian do-gooders and misguided academics tied the military’s hands with increasingly restrictive norms that don’t correspond to the laws of war, let alone the rigors of battle and requirements of victory? That’s the premise of a new article in Military Review by Army Lt. Gen. Charles Pede and Col. Peter Hayden. Pede and Hayden write derisively of the three-decades-old shift in U.S. military doctrine toward enhanced civilian protection, exemplified by the population-centric counterinsurgency approach to the wars in Afghanistan and Iraq. This is a danger, they argue, since troops trained in restraint and respect for […]

The arrest of the Spanish rapper known as Pablo Hasel in February sparked violent protests in his native Catalonia, but also across Spain. Judging from international news coverage, Spain’s young people had erupted in anger over a lack of free speech in the country, 46 years after its post-dictatorship transition to democracy. A closer look, however, reveals a more complex story about how the Catalan independence movement drove these protests, as well as a more nuanced debate about European versus American concepts of free speech, even as Spain forges ahead with an already-promised reform to its free speech law. The […]

Humanity’s collective failure to reduce greenhouse gas emissions is driving the world inexorably toward geoengineering, or the intentional, large-scale human manipulation of Earth’s climate system. Facing runaway global warming, individual nations will surely develop and deploy new technologies to reduce atmospheric carbon dioxide and the planet’s exposure to solar radiation. Playing with the environment and the atmosphere, however, is playing with fire. Without adequate rules, geoengineering will create massive, unintended consequences, deepen geopolitical rivalries and hasten the world’s division into climate winners and losers. To avoid these fates, the world must create a robust multilateral regime to govern the research, […]

Three months after former U.S. President Donald Trump’s startling decision to recognize Moroccan sovereignty over Western Sahara, President Joe Biden’s own policy regarding this long-disputed territory remains undefined. Yet he may be forced into action soon, as there are signs the conflict is heating up: Renewed fighting between Moroccan forces and the pro-independence Polisario Front broke out in November, ending a 30-year cease-fire. Washington seems to be in no hurry, given that the fighting is so far low in intensity. U.N. sources say they have so far only confirmed the deaths of two Moroccan soldiers, though neither side acknowledges any […]

Russia’s 2014 annexation of the Crimean Peninsula in Ukraine prompted much international outrage but little meaningful action. President Vladimir Putin was able to forcefully redraw his country’s borders, shrugging off the international sanctions that the United States and European Union imposed in response. Putin’s success augmented “the belief among some that bigger nations can bully smaller ones to get their way,” as U.S. President Barack Obama put it at the time. Given Crimea’s location in a small country—and the complex, often ethnically tinged territorial dispute between Ukraine and Russia—the world was not willing to fight for it. History may not […]

Over the weekend, something extraordinary happened. A working group within the United Nations, comprising all 193 of its member states, adopted a consensus report on norms for responsible state behavior in cyberspace. The report itself represents fairly limited progress, in terms of its contents, although there are some shiny objects for the cyber nerds like me who have been following this process closely. What is most significant is that there is consensus among all U.N. member states in a field that has been wrought with division and contention, especially for the past five years. Most surprisingly, this process originated from […]

As President Joe Biden’s administration moves to restore U.S. global leadership on the environment, it cannot afford to ignore the health of oceans. It must spearhead the successful conclusion of negotiations on a U.N. high seas biodiversity convention, which are currently adrift. To bring this treaty into port, the United States will need to forge global agreement on several contentious issues. It will also need to temper its neuralgic opposition to legally binding multilateral commitments, recognizing that the treaty poses no threat to U.S. sovereignty and is deeply in American interests. Although not entirely lawless, the high seas are poorly […]

The World Trade Organization made history last month when its members chose Ngozi Okonjo-Iweala as director-general, the first woman and first African to hold that position. A former Nigerian finance minister and senior World Bank official, Okonjo-Iweala enjoyed near-unanimous support, but her candidacy had been stalled by opposition from the Trump administration. One of President Joe Biden’s early actions after taking office in January, however, was to reverse Donald Trump’s veto and join the consensus behind her appointment. That, along with Biden’s overall preference for multilateral cooperation over unilateralism, opens space for the WTO to get out of the cul […]

The member states of the International Criminal Court recently appointed British lawyer Karim Khan as the ICC’s next chief prosecutor. He is expected to start his nine-year term in June, replacing Gambian attorney Fatou Bensouda in the role. Khan is a veteran of the international legal world, having served as both prosecutor and defense counsel in a number of prominent cases. He also recently led a special U.N. investigation into crimes committed by the Islamic State group. But his upcoming stint as the ICC’s chief prosecutor will arguably be his most challenging assignment yet, given the many criticisms the court […]

Last month, after months of jockeying for influence, member states of the International Criminal Court held a secret ballot to determine the court’s next chief prosecutor. The winner was Karim Khan, a British lawyer with extensive experience on both the prosecutorial and defense side of international criminal cases. Khan will be only the third person to hold the job. He will take over from the current chief prosecutor, Fatou Bensouda, at a time when the ICC faces some difficult questions about what kind of institution it will be. This week on Trend Lines, WPR’s Elliot Waldman is joined by Kyle […]

Nearly three decades after it emerged from the landmark “Earth Summit” in Rio de Janeiro, the Convention on Biological Diversity has been ratified by 196 countries; the United States is the sole remaining holdout. This failure of global leadership is unconscionable and self-defeating, given continued, catastrophic declines in biodiversity that could see roughly 1 million species disappear in the coming decades. America must finally become party to this “Treaty of Life.” The Biden administration should promptly submit the U.N. biodiversity convention to the Senate for its advice and consent, while refuting several misconceptions that continue to underpin political resistance to […]