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Active Hostilities and International Law Limits to Trump’s Executive Order on Guantanamo

In his State of the Union speech on January 30, 2018, U.S. President Donald Trump announced his signing of a new executive order aimed at keeping open…

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A Trio of Blockbuster Judgments from the UK Supreme Court

This morning the UK Supreme Court delivered three important judgments dealing with various claims alleging wrongful acts by the UK when fighting international terrorism (UK Supreme Court…

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When Does the Use of Force Against a Non-State Armed Group trigger an International Armed Conflict and Why does this Matter?

Over at Just Security (see for example here, here and here) and also at Opinio Juris (see here and here) there has been a very interesting discussion…

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Joint Series on International Law and Armed Conflict: Procedural Regulation of Detention 

The latest post in the Joint Series on International Law and Armed Conflict is by Lawrence Hill- Cawthorne on the procedural regulation of detention. I am…

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English Court of Appeal Decides Al-Saadoon Case on the ECHR’s Application Extraterritorially and in Armed Conflict

Last week the Court of Appeal of England and Wales rendered a unanimous judgment in Al-Saadoon & Ors v Secretary of State for Defence [2016] EWCA Civ 811.

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The European Convention on Human Rights in Non-International Armed Conflict – Revisiting Serdar Mohammed

The UK Government’s re-commitment in May to replacing the Human Rights Act (HRA) immediately followed the Supreme Court’s further hearings on one of the more controversial cases…

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Extra-Territorial Claims in the “Spider’s Web” of the Law? UK Supreme Court Judgment in Ministry of Defence v Iraqi Civilians

Over the past decade, the direction of travel of jurisprudence by English courts has significantly departed from an earlier position that considered the acts of the UK government…

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Human Rights and the Targeting by Drone

The UK government has justified its targeting and killing of three people who were engaged in hostilities as part of the ‘Islamic State’ forces by relying on…

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Joint Blog Series: Application of International Humanitarian Law by Domestic Courts

Editor’s Note: This post is part of the joint series of posts hosted by EJIL:Talk!, Lawfare and Intercross (blog of the International Committee…

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Some Thoughts on the Serdar Mohammed Appeals Judgment

In this post I’d like to add a few thoughts on the recent Court of Appeal judgment in Serdar Mohammed, that we already covered on the blog…

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