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.
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.
The State Department will likely push for WikiLeaks' founder Julian Assange to be prosecuted under all available statutes, including the Espionage Act, says CFR's John Bellinger, who notes the recent releases harmed sources and foreign relations.
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.
The International Court of Justice ruling on the legality of Kosovo's independence declaration creates a "moment of opportunity," says former British ambassador David Gowan, but CFR's John Bellinger cautions that it isn't likely to set a precedent for other secessionist groups.
CFR's John Bellinger expects the U.S. Senate to approve the START nuclear arms treaty with Russia this year and urges says the Obama administration to more actively pursue other treaties, including the Law of the Sea.
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.
The controversial relationship between the United States and the International Criminal Court (ICC) is at a crossroads: After an initial period of hostility toward the ICC, the United States has in recent years pursued a policy of cautious engagement. Vijay Padmanabhan offers a backdrop of the U.S.-ICC relationship and policy recommendations for the U.S. delegation attending the Seven-Year Review Conference in May/June 2010.
The Obama administration, at first swift to move away from Bush-era detainee practices, has found itself struggling through a political and legal thicket about where and how to try those accused of war crimes.
CFR's John B. Bellinger III, who served as legal adviser to the former Secretary of State Condoleezza Rice, says while President Obama has emphasized an approach to closing Guantanamo "that's deeply grounded in American values," he has left the door open to continued criticism.