Experts in this Topic

John B. Bellinger III

Adjunct Senior Fellow for International and National Security Law

Thomas J. Bollyky

Bloomberg Chair in Global Health; Senior Fellow for International Economics, Law, and Development; and Director of the Global Health Program

Jerome A. Cohen
Jerome A. Cohen

Adjunct Senior Fellow for Asia Studies

Inu Manak

Senior Fellow for International Trade

David J. Scheffer

Senior Fellow

Jose Vivano profile image
José Miguel Vivanco

Adjunct Senior Fellow for Human Rights

Matthew C. Waxman
Matthew C. Waxman

Adjunct Senior Fellow for Law and Foreign Policy

  • Philippines
    The President’s Inbox Recap: The China-Philippines Standoff
    Maritime clashes between China and the Philippines over contested waters in the South China Sea threaten the balance of power in the Pacific and may draw in the United States.
  • International Law
    Eastward, Westward
    Few Americans have done more than Jerome A. Cohen to advance the rule of law in East Asia. The founder of the study of Chinese law in the United States and a tireless advocate for human rights, Cohen has been a scholar, teacher, lawyer, and activist for more than sixty years. Moving among the United States, China, and Taiwan, he has encouraged legal reforms, promoted economic cooperation, mentored law students—including a future president of Taiwan—and brokered international crises. In this compelling, conversational memoir, Cohen recounts a dramatic life of striving for a better world from Washington, DC, to Beijing, offering vital first-hand insights from the study and practice of Sino-American relations. In the early 1960s, when Americans were not permitted to enter China, he met with émigrés in Hong Kong and interviewed them on Chinese criminal procedure. After economic reform under Deng Xiaoping, Cohen’s knowledge of Chinese law took on a new importance as foreign companies began to pursue business opportunities. Helping China develop and reconstruct its legal system, he made an influential case for the roles of Western law and lawyers. Cohen helped break political barriers in both China and Taiwan, and he was instrumental in securing the release of political prisoners in several countries. Sharing these experiences and many others, this book tells the full story of an unparalleled career bridging East and West.
  • Space
    Securing Space: A Plan for U.S. Action
    As outer space becomes more congested with debris and international tensions escalate, the threat to U.S. national security grows. The United States must act now to reassert its leadership and create pathways for management in this critical strategic domain.
  • Nigeria
    An Obnoxious Legislation
    Nigeria’s blasphemy laws have no place in modern society.
  • International Law
    What the ‘Genocide’ Label Means for U.S. Foreign Policy
    The U.S. government has found that genocide has occurred in several parts of the world over the last two decades, most recently in Sudan and China. What are the policy implications of the label? 
  • International Law
    Trump Has Promised Swift, Bold Actions as President. Will They Be Legal?
    Donald Trump could take several early actions as president that could draw legal scrutiny, including on immigration, climate, and security policy.  
  • Human Rights
    Thailand's Chance to Send the Right Signal
    The world is sleepwalking through Thailand’s growing denial of fundamental human rights, like freedom of expression. The country’s rights violations are aimed at shielding its centuries-old monarchy from domestic criticism–and they are trampling a vibrant pro-democracy movement. A wake-up moment will occur soon this month when the United Nations General Assembly decides whether to elect the country to a three-year seat on the Human Rights Council, despite Thailand’s cascading decline in human rights protections and democratic freedoms. In Thailand, democracy is being decapitated with the delegitimization of major political parties. The government aggressively cracks down on the press. Freedom House this year ranks Thailand as barely “Partly Free” on political rights and civil liberties and “Not Free” on internet freedom. A particular source of concern is Thailand’s long-standing law (lèse-majesté) that makes it a criminal offense to “defame, insult or threaten members of the royal family.” Compliant courts enforce prison sentences of three to fifteen years under the law. Between mid-2020 and mid-2024, a total of 272 individuals, including a 14-year-old girl, were charged in 303 cases under the law. On the broader scale of rights deprivation, a total of 1,956 people were politically prosecuted in 1,302 cases. Several months ago I joined with the Clooney Foundation for Justice to report on a courageous Thai woman, Netiporn “Bung” Sanaesangkhom, who died in detention following her 65-day hunger strike protesting the lèse-majesté law and the six criminal cases against her. Her “crime” for which she was in jail? Organizing a peaceful and informal poll in February 2022 that sought the public’s views on whether motorcades carrying members of the royal family were an inconvenience to the public. Thailand’s Lèse-majesté Law The world has acknowledged the regressive character and enforcement of Thailand’s lèse-majesté law, which has unique standing for its brutality among the club of monarchies. Anyone can file a charge against anyone for violation of the lèse-majesté law.  Several years ago, the Human Rights Council examined civil, political, and other human rights in Thailand during its Universal Periodic Review of the country. Seventeen nations requested that Thailand review or reform its lèse-majesté law. Instead of heeding these appeals, Thailand has been doubling down in defiance of the Human Rights Council, on which the United States still sits. The courts in cases brought using the lèse-majesté law have repeatedly rejected defendants’ efforts either to explain that their speeches were criticisms of the institution of the monarchy, not the person of the monarch, which should be a defense to liability. Alternately, defendants have argued that they should be allowed to prove the truth of statements they might make about the King himself, which, again, should shield defendants from being found guilty under the law, as it does not purport, on its face, to criminalize true statements. Instead, the courts twist themselves into knots to convict defendants—or at least keep the threat of conviction alive so that defendants have to worry about going back to jail if they speak out. Pro-monarchy activists have also taken to filing cases across the country, on the theory that online speech can be seen anywhere in the country, making it even more difficult for protesters to defend themselves in areas lacking adequate legal representation. How Thailand Should Move Forward The ball is on Thailand’s field. Unfortunately, Thailand’s Constitutional Court recently dissolved the Move Forward Party which was making such significant strides to strengthen democratic governance of the country. The country’s ruling elite, who thrive under the protection afforded to their interests by the lèse-majesté law, should signal new respect for the human rights of their own people. The first and best option would be repeal of the lèse-majesté law, which the UN has repeatedly found to be inconsistent with international standards. Thailand is party to the International Covenant on Civil and Political Rights, which codifies such international standards as freedom of expression, the right of peaceful assembly, and the right to freedom of association. The Covenant also codifies due process rights for those charged with crimes. Repeal of the lèse-majesté law, however, currently appears unlikely. In the meantime, as a second best option, the government should back an amnesty bill currently stalled in the Thai Parliament that is aimed at delivering amnesty to political prisoners, including alleged offenders of the lèse-majesté law. Third, the authorities also could aim to loosen enforcement of the lèse-majesté law to levels at least comparable to the period of 2018 to 2020. This could include dismissing the charges against a large number of those currently charged and, in many of those cases, detained under the lèse-majesté law. Fourth, Thailand also could separate criminal defamation of the King—the ostensible rationale of the lèse-majesté law—from (what should be) lawful commentary about the place of the monarchy in the Constitution and how public policy should be crafted. Fifth, the government could take up recommendations made by the United States and Austria for minor reform of the lèse-majesté law to the effect of eliminating a mandatory minimum sentence under the law and ensuring children do not face charges. Finally, Thai authorities could de-couple enforcement of the country’s overbroad Computer Crime Act from lèse-majesté infractions online. This is the moment for a strong signal to be sent by Thailand as it stands for election to the United Nations body charged with protecting human rights.
  • Israel
    Injustice, Israel, and the "International Court of Justice"
    The ICJ's "advisory opinion" on Israeli "settlements" in Jerusalem and the West Bank is an injustice that gives evidence of considerable bias against the Jewish State.
  • International Law
    Trump v. U.S.: Has the Supreme Court Made the Presidency More Dangerous?
    The high court’s decision could allow future U.S. presidents to commit grave abuses of power with impunity, with serious implications for U.S. foreign policy and national security.
  • International Law
    Holding Hamas Accountable at the ICJ Through Palestine
    Some Genocide Convention parties recognizing the State of Palestine could sue it at the ICJ for alleged genocide by Hamas on Oct. 7.
  • Diplomacy and International Institutions
    International Criminal Court Prosecutor Threatens United States Senators
    The prosecutor of the International Criminal Court has threatened 12 United States senators for their criticisms of his effort to arrest Israeli leaders.
  • Iran
    Iran’s Succession Woes, ICC Angers Israel, South Africa’s Election, and More
    Podcast
    Iran’s regime carefully vets candidates for new presidential elections after the death of President Ebrahim Raisi in a helicopter crash; Israeli leadership reacts to the International Criminal Court (ICC) request for warrants to arrest Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant; South Africa prepares for a general election that could contest the ruling African National Congress’ long-standing majority; and Taiwan inaugurates Lai Ching-te as the new president, aggravating China.