Critical UN Move: Draft Resolution Confronts Genocide Denial in the Balkans
Just Security
by Leon Hartwell
2d ago
The United Nations (U.N.) General Assembly is considering an important draft resolution designating July 11 as “The International Day of Reflection and Remembrance of the 1995 Srebrenica Genocide,” a critical step toward global acknowledgment of a harrowing chapter in recent European history. The resolution was introduced on April 17, and vociferous debate already is underway inside and outside the U.N. arena. A vote is scheduled for May 2. Beyond its symbolic significance, adoption of the resolution is imperative for upholding justice and preserving the collective memory of one of the most ho ..read more
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Where do States Stand on Official Immunity Under International Law?
Just Security
by Joana de Andrade Pacheco
2d ago
In 2017, the International Law Commission (ILC) tackled a thorny question: Should government officials, intelligence officers, military personnel, and other State agents enjoy immunity from prosecution for serious international crimes?  The ILC, the United Nations body charged with codifying and progressively developing international law, said at least partially “no.”  In draft of Article 7 of its text on immunity of State officials from foreign criminal jurisdiction  the ILC found that functional immunity (immunity ratione materiae) did not apply to the crimes of genocide, crim ..read more
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The Just Security Podcast: United States v. Trump: Presidential Immunity from Criminal Conduct
Just Security
by Just Security
2d ago
On April 17, 2024, NYU School of Law hosted a panel of experts to discuss whether a former President enjoys immunity from criminal prosecution for conduct that allegedly involved official acts during his tenure in office. The Supreme Court is considering that question in United States v. Trump and will hear oral argument in the case on April 25. The panel consisted of George Conway, a Contributing Writer at The Atlantic and Board President of the Society for the Rule of Law; Trevor Morrison the Eric M. and Laurie B. Roth Professor of Law and Dean Emeritus of NYU School of Law; and Kate Shaw a ..read more
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Early Edition: April 19, 2024
Just Security
by Beatrice Yahia
2d ago
Signup to receive the Early Edition in your inbox here. A curated weekday guide to major news and developments over the past 24 hours. Here’s today’s news ISRAEL-IRAN CONFLICT Israel conducted an aerial attack on Iran overnight, U.S. officials say. Iranian state media said explosions were heard around the central city of Isfahan early this morning and that three drones were destroyed after the country’s air defense systems were activated. An army general in Isfahan province said no damage has been reported. Isfahan is home to a large airbase, a major missile production complex, and multip ..read more
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Unpacking the FISA Section 702 Reauthorization Bill
Just Security
by David Aaron
3d ago
As another sunset of Foreign Intelligence Surveillance Act (FISA) Section 702 authorities looms, the House of Representatives has passed a compromise bill, the “Reforming Intelligence and Securing America Act,” H.R. 7888 (RISAA), which the Senate is now considering.  The bill would reauthorize Section 702 – the controversial law that allows the U.S. government to acquire communications of non-Americans outside the United States without a warrant – and make a range of changes to FISA overall. It has something to interest everyone, from addressing the use of U.S. person query terms to forma ..read more
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Trump’s Challenge to Democracy through the Lens of Transitional Justice
Just Security
by Jonathan Hafetz
3d ago
The dominant frame for former President Donald Trump’s effort to overturn the result of the 2020 presidential election tends to be inward-looking and imbued with notions of American exceptionalism. President Joe Biden described the 2022 mid-term elections as “a battle for the soul of th[e] nation” and is employing similar messaging for the 2024 presidential election, while analysts continue to warn that democracy in the United States is under assault in unprecedented ways. Viewed through this frame, Trump and the rise of a bellicose, authoritarian-leaning right-wing populism are a grave and un ..read more
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Early Edition: April 18, 2024
Just Security
by Beatrice Yahia
3d ago
Signup to receive the Early Edition in your inbox here. A curated weekday guide to major news and developments over the past 24 hours. Here’s today’s news ISRAEL-IRAN CONFLICT Israeli Prime Minister Benjamin Netanyahu said Israel will “make its own decisions” in responding to Iran’s attacks, rebuffing allies’ calls for restraint. Britain and Germany yesterday urged Israeli leaders to avoid a wider regional conflict as they decide how to respond to last weekend’s attacks. Just before he met with Netanyahu, British foreign secretary David Cameron said, “We hope they do so in a way that does ..read more
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41 Star Witnesses and Bit Players in Trump’s NY Criminal Trial
Just Security
by Norman L. Eisen
4d ago
Jury selection started earlier this week in the first ever criminal trial of a U.S. president. It was an extraordinary historical moment –and yet it followed the same procedures as any other criminal trial. Justice Juan Merchan read the first cohort of 96 potential jurors the names of people who they might see as witnesses or hear about as key players throughout the trial. That allows the potential jurors to flag for the judge any person who for whatever reason might affect a juror’s ability to serve impartially. This is an annotated version of the list, which could indicate possible direction ..read more
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Arms Transfers to Israel: Knowledge and Risk of Violations of International Law
Just Security
by Vladyslav Lanovoy
4d ago
Israel’s military campaign against Hamas has just now passed the six-month mark. Its consequences for the civilian population have been devastating. “Business as usual” is no longer an option for third States providing material support to Israel in the form of arms and other military equipment. They must undertake not only a moral and political, but also importantly legal assessment of the implications of that support. This set of calculations is particularly important following the order on provisional measures of January 26, 2024, in which the International Court of Justice (ICJ) ordered Isr ..read more
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Early Edition: April 17, 2024
Just Security
by Beatrice Yahia
4d ago
Signup to receive the Early Edition in your inbox here. A curated weekday guide to major news and developments over the past 24 hours. Here’s today’s news ISRAEL-IRAN CONFLICT Iran’s president, Ebrahim Raisi, warned today at an annual army parade that the “tiniest invasion” by Israel would bring a “massive and harsh” response. It comes as the region braces for a potential Israeli retaliation after Iran’s weekend attacks.  The United States will impose new sanctions targeting Iran in the coming days, National Security Advisor Jake Sullivan announced yesterday. “Following Iran’s unprec ..read more
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