Delighted that Steve could join to talk about the memos the NYT obtained - that show the behind-the-scenes goings on that went into SCOTUS staying the Clean Power Plan on the shadow docket 10 years ago.
Tune in!!
This is an elegant, learned explanation of Just War Theory and the Iran war.
An important corrective arising out of the Trump administration's responses to the Catholic Church.
By the brilliant @mikeschmitt.bsky.social
www.justsecurity.org/136692/just-...
Things I couldn't post while Bluesky was down:
- Catherine Connolly is to convene the Council of State next Monday, for the first time since taking office, to consider the constitutionality of the International Protection Bill, which aims to largely give domestic effect to the EU Migration Pact
How did Magyar win? A long running grassroots campaign in rural and small town Hungary; a refusal to be distracted by government propaganda; a focus on economic issues and corruption; a central promise to bring back democracy and the rule of law
If any legal argument relies on how “eminent“, “distinguished“ or “prominent“ the authors are then it is likely to be a dud argument.
For the great thing about legal reasoning is it does not depend on the qualities of the author. The reasoning is the thing.
A cat can look at a king(‘s counsel).
When I started legal blogging I thought it would be a little bit of contract law or libel law, and the occasional judicial review with constitutional implications.
Now: a constant stream of constitutional crises, fundamental human rights abuses, and war crimes and other crimes against humanity.
I told CNN:
Trump's threats to civilian infrastructure are illegal
Iran should keep civilians away from threatened sites
All States must deny the U.S. use of their territory or airspace for illegal attacks, and demand an immediate end to this lawless war.
video.snapstream.net/Play/1ocivPG...
Letter from Lib Dem MPs to Keir Starmer today calling on him to withdraw US access to UK air bases.
Liberal Democrat MPs have written to Keir Starmer today calling on him to withdraw US access to UK air bases. Donald Trump's latest shocking threats against Iran would amount to war crimes. The UK cannot be complicit.
This is the ultimate test for a constitutional order.
Either constitutional mechanisms are used to check and balance this, and remove him from office, or they are not.
For there can be no greater test for any constitution.
& intent is usually so hard to prove in war crimes trials... seriously, this is horrendous.
That this is said aloud & many will cheer is probably the lowest pt this century.
ALL cooperation with US military must stop, or be implicated. He's said it out loud - he's about to commit a war crime.
This reasoning sends an important signal in the context of captured media environments, where formal legality is often invoked to deflect scrutiny.
The CJEU ruled that silencing the opposition radio station Klubrádió in Hungary was incompatible with media freedom and pluralism.
MELINDA RUCZ shows why the ruling marks a subtle but important shift in the CJEU’s approach to media freedom.
verfassungsblog.de/the-frequenc...
“Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.”
Geneva Convention Additional Protocol I
and
Department of Defense Law of War Manual, § 5.2.2
Important analysis on U.S. slide to "total war" with Iran.
Background:
UN Commission on Inquiry: “Russian armed forces’ waves of attacks ... on Ukraine’s energy-related infrastructure ... may amount to crimes against humanity.”
The authors are former military lawyers.
Deliberate threats, whether in rhetoric or in action, against essential civilian infrastructure and nuclear facilities must not become the norm in warfare. Parties must spare civilians and civilian objects in all military operations. It is their obligation under international humanitarian law.
“Military-aged male” is not a legal category. The categories are “civilian” & “combatant”.
In case of doubt, a person is presumed civilian. Age & gender are not close to sufficient to dispel such doubt. Speculative beliefs about threats are also insufficient.
1/2
"Flatly illegal"
Just Security co-editor-in-chief @tessbridgeman.bsky.social on CBS Sunday Morning - discussing President Trump's threat to attack all Iran's power plants.
Notably followed here by Elliott Abrams on why it's simply counterproductive.
@cbssundaymorning.bsky.social
“If these threatened attacks were to be carried out, they would constitute war crimes . . . Immiserating the civilian population for bargaining leverage is not lawful."
Glad to talk to Saeed Shah for this story @theguardian.com:
www.theguardian.com/world/2026/a...
The world looks on and shrugs as over half a million people are expelled from their homes - again - in clear disregard and violation of every relevant norm. Larger in scale than what Russia did in Mariupol (which the whole Western world condemned).
NEW: Leading Israeli international law scholars' statement on how new Israeli death penalty law "violates basic rules of international law"
www.justsecurity.org/135364/israe...
Catherine Connolly announces Councll of State nominees:
Fionnuala Ní Aoláin (QUB lawyer)
Linda Ervine (Unionist Gaeilge advocate)
Colin Harvey (QUB human rights)
Kathleen Lynch (UCD sociology)
Donncha O’Connell (Uni Galway law)
Conor O’Mahony (UCC law)
Ciarán Ó hÓgartaigh (former pres Uni Galway)
OSCOLA 5th edition is out www.law.ox.ac.uk/oscola
Changes spotted so far include:
Adding Medium before Neutral Citation
Not putting JSC (or SCJ) after UKSC judge’s names (CJ, MR, V-C, LJ, J, & DJ remain; ICC also there but no EJ)
The end of Ibid
More on web sources - and how to cite Gen AI
Just a reminder that the Washington Treaty defines the geography of NATO’s mutual defense pledge — at U.S. insistence in 1949 — to prevent allies from committing us to their wars outside of Europe.
HYPOTHETICAL Legal Advice to SecDef Hegseth on “No Quarter” Statement (from General Counsel)
By Daniel Maurer, retired Judge Advocate
"... may be construed as ... a war crime. This may expose you to criminal liability under 18 U.S.C. 2441(c)(2) ... We recommend that you publicly retract."
New episode of #CalledToTheBar: what are UN Special Procedures, and who makes them work?
@pagingdrpaige.bsky.social speaks with Ben Saul (UN Special Rapporteur on counter-terrorism & human rights) and Pichamon Yeophantong (UN Working Group on Business & Human Rights)
soundcloud.com/calledtotheb...
The Home Secretary Shabana Mahmood sure has put on a show…
But how much is really serious & how much is just a theatre of cruelty?
Here’s the TRUTH about this week’s asylum changes
youtu.be/w6Nr4ccjMlM?...
Top Experts’ Backgrounder: Military Action Against Iran and US Domestic Law
www.justsecurity.org/64645/war-po...
We had a great day today at our Belfast campus applicant event, meeting lots of future legal professionals! Looking forward to seeing many applicants join us in lectures and seminars next academic year!
Scary
Akhil Amar on birthright citizenship:
”Unless and until our Constitution is amended, our government is simply not allowed to punish innocent babies guaranteed full and equal citizenship by the Constitution itself.”
www.nytimes.com/2026/02/20/o...
Violent crime victims to receive increased State compensation after European court ruling. Injured man awarded €60,000 - multiples of original €645 award received - in settlement of case against State
www.irishtimes.com/crime-law/co...
