Latest in International Law

Cybersecurity

A New Tool for Tech Companies: International Law

These days, many people see technology companies as indifferent to law, or at least interested in remaining under-regulated. When Mark Zuckerberg called on Congress to regulate how social media companies should handle challenges such as harmful content and data privacy, the request was unusual enough to make headlines. This real or perceived disinterest in legal regulation has troubled a host of people, including those worried about protecting privacy and freedom of expression.

Cybersecurity: LOAC-Military

Crossing a Cyber Rubicon? Overreactions to the IDF’s Strike on the Hamas Cyber Facility

Amid a massive exchange of rocket fire and airstrikes between Israel and both Hamas and Islamic Jihad this weekend, Hamas attempted a cyber operation against an unspecified civilian target in Israel. The operation failed, and in its aftermath the Israel Defense Forces (IDF) carried out an airstrike that destroyed the building housing Hamas’s cyber capability. Some observers are citing the incident as an important—and perhaps dangerous—precedent. Others are questioning the legality of the strike itself. Both these views are misplaced.

Context

Documents

Document: Judge in Abu Ghraib Case Denies U.S. Sovereign Immunity for Jus Cogens Norms

On Friday, Judge Leonie M. Brinkema of the U.S. District Court for the Eastern District of Virginia granted government motions to dismiss and for summary judgment in Al Shimari v. CACI, a case brought by plaintiffs who were detained in Abu Ghraib. The full opinion is available here and below.

International Law

A Post-Human Rights Era? A Reappraisal and a Response to Critics

The growing challenges both to international human rights law and to the international legal system as a whole count as old news by now. The sources of these threats are many: the rise in populism and nationalism, the growth in power and assertiveness of both China and Russia, growing income inequality, the election of Donald Trump, Brexit, and so on. Even in this context, however, the past year has been an especially difficult one for human rights.

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