Adjunct Senior Fellow for International and National Security Law
International law and international criminal justice; international humanitarian law and human rights law; international tribunals, including the International Court of Justice and the International Criminal Court; treaty law and treaties, including the U.N. Law of the Sea Convention; foreign sovereign immunity and official immunities; international and domestic law applicable to use of force and counterterrorism operations, including detention and prosecution policies; intelligence law and covert action; espionage statutes; U.S. national security organization and process; U.S. national security statutes; foreign investment in the United States, Committee on Foreign Investment in the United States (CFIUS).
Recognizing the limitations of current international systems based in The Hague, David A. Kaye provides a strategy for promoting national-level justice and accountability mechanisms to prosecute perpetrators of mass atrocity crimes.
Despite recent calls for exceptions to diplomatic immunity, John B. Bellinger argues in the New York Times Room for Debate (not sure if that last part should be italicized) for the U.S. commitment to and importance of the Vienne Convention on Diplomatic Relations to protect U.S. diplomats serving abroad.
John B. Bellinger III says, "Over the last 230 years, the Senate has approved more than 1,500 treaties. In 2013, Mr. Obama must demonstrate leadership by putting greater effort in securing Senate approval of essential treaties that advance American interests, including the Law of the Sea Convention."
Jeffrey H. Smith and John B. Bellinger III say that because a nuclear-armed Iran is a real threat to the United States, the president does have reason to argue for his constitutional authority to use force against Iran, but legislative approval would give him stronger legal and political ground to do so.
John B. Bellinger III discusses the upcoming Supreme Court hearing of arguments in Kiobel v. Royal Dutch Petroleum, which will decide whether corporations may be sued in U.S. courts for violations of international law under the Alien Tort Statute.
John B. Bellinger III says President Obama should seize the opportunity presented by Republican support for increased domestic oil and gas production to urge the Senate to approve the Law of the Sea Convention.
John B. Bellinger III says that President Obama and the 112th Congress should comply with the Vienna Convention, to help ensure that Americans arrested abroad are given access to State Department officials.
John B. Bellinger III argues that the 112th Congress must update and clarify the legal authority for U.S. military and intelligence agencies to kill and detain terrorists who threaten the United States.
John B. Bellinger III discusses the anniversary of the Geneva Conventions and argues that the United States should use its political capital to clarify the Conventions and make them applicable to modern warfare.
John B. Bellinger III comments on a recent U.S. Supreme Court ruling that states immunity provided by federal law to foreign governments against lawsuits for torture and human rights does not apply to foreign government officials.