Thanks to a once-obscure law passed in 1789, foreign victims of foreign human rights abusers can use U.S. courts to sue their abusers. But the Supreme Court may soon ban such suits. That would be a shame, since they offer victims some measure of solace and give substance to underenforced human rights laws. The law should be upheld, and other countries should follow the U.S. lead.
With the passing of International Human Rights Day, Jerome A. Cohen says China still has no effective means of enforcing the rights enshrined in its constitution. Yet, once again, new Communist Party leaders reignite hopes for bringing government and the party under the rule of law.
Kenneth Anderson and Matthew C. Waxman say some view automated technology developments as a crisis for the laws of war. But provided we start now to incorporate ethical and legal norms into weapons design, the incremental movement from automation to genuine machine autonomy already underway might well be made to serve the ends of law on the battlefield.
Matthew C. Waxman argues that international law still plays a powerful role in justifying or delegitimizing the case for military action. Just like in the Cuban missile crisis, the United States needs to present a plausible case for self-defense in order to strike Iran.
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.
Speaker: Fatou Bensouda Presider: John B. Bellinger III
Fatou Bensouda, prosecutor for the International Criminal Court (ICC), discusses her vision for the ICC, her current caseload, and the court's role on the international stage.
This meeting is part of the David Rockefeller Lecture Series.
Speaker: Fatou Bensouda Presider: John B. Bellinger III
Fatou Bensouda, prosecutor for the International Criminal Court (ICC) discusses her vision for the ICC, her current caseload, and the court's role on the international stage.
This meeting is part of the David Rockefeller Lecture Series.
Wikileaks founder Julian Assange gave these remarks at the Ecuadoran Embassy in London on August 19, 2012. This transcript was published in The Independent.
The link between crime and the state is neither as new nor as scary as Moisés Naím depicted it, argues Peter Andreas; after all, criminals have been corrupting governments for centuries.
This memorandum from the Congressional Research Serviceattempts to clarify the debate over lethal targeting of U.S. citizens with suspected ties to terrorist activites by providing legal background, setting forth what is known about the Administration's positionz and identifying possible points of contention among legal experts and other observers.
News of planned military trials for five 9/11 suspects underscores the Obama administration's need to more forcefully defend the necessity of military tribunals if they are to have legitimacy at home and abroad, says CFR's Matthew Waxman.
Obama's targeted drone strikes--even on Americans--aren't illegal, writes Jack Goldsmith for Foreign Policy. In fact, he writes, there's a solid legal foundation and a number of checks and balances upholding his right to take out terrorists.
Targeted killings have become a central component of U.S. counterterrorism operations around the globe. Despite pointed criticism over transparency and accountability issues, analysts say the controversial practice seems likely to expand in the future.
Ambassador David Scheffer and former State Department legal adviser John Bellinger discuss how international justice over the last two decades has affected international politics, including the U.S. role in assisting local war crimes prosecutions in Libya and elsewhere.
Speakers: John B. Bellinger III and David J. Scheffer Presider: Jeffrey Toobin
Ambassador David Scheffer and former State Department legal adviser John Bellinger discuss how international justice over the last two decades has affected international politics, including the U.S. role in assisting local war crimes prosecutions in Libya and elsewhere.
Speakers: John B. Bellinger III and David J. Scheffer Presider: Jeffrey Toobin
Ambassador David Scheffer and former State Department legal adviser John Bellinger discuss how international justice over the last two decades has affected international politics, including the U.S. role in assisting local war crimes prosecutions in Libya and elsewhere.
The Council on Foreign Relations' David Rockefeller Studies Program—CFR's "think tank"—is home to more than seventy full-time, adjunct, and visiting scholars and practitioners (called "fellows"). Their expertise covers the world's major regions as well as the critical issues shaping today's global agenda. Download the printable CFR Experts Guide.
The author analyzes the potentially serious consequences, both at home and abroad, of a lightly overseen drone program and makes recommendations for improving its governance.