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IS HENRY KISSINGER A WAR CRIMINAL?

by Reed Brody

June 27, 2023


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FILED UNDER:

Accountability, arms sales, Bangladesh, Cambodia, Civilian Harm, Classified
Information, East Timor, Henry Kissinger, Indonesia, International Criminal
Court (ICC), International Criminal Law, international justice, Mass Atrocities,
Pakistan, Richard Nixon, South America, Vietnam War, War Crimes

by Reed Brody

June 27, 2023

Henry Kissinger, who served as national security adviser and secretary of state
under Presidents Richard M. Nixon and Gerald Ford, turned 100 years old on May
27. The birthday was celebrated by the establishment elite in op-eds,
interviews, a fawning Ted Koppel CBS piece, a closed-door gathering at the
Economic Club of New York, and a secretive black-tie event at the New York
Public Library where guests seen walking in constituted an A-list of corporate
and political biggies.

Many, of course, including The Nation, The Intercept, and Mehdi Hasan used the
occasion to recall the dark side of Kissinger’s legacy – his role in the
destruction of Chilean democracy and the consolidation of the Pinochet
dictatorship, the atrocities of the Argentine military junta (Kissinger told the
country’s foreign minister, “If there are things that have to be done, you
should do them quickly”), the prolongation of the Vietnam War through the
sabotage of Lyndon Johnson’s 1968 peace talks, the Indonesian invasion and
subsequent rape of East Timor, the Turkish invasion of Cyprus in 1974, the
betrayal of the Iraqi Kurds, the extension of the Vietnam war to Laos and
Cambodia, and the Pakistani army’s atrocities in East Pakistan (now Bangladesh).
Quite an impressive record for one man, even a Nobel Peace Prize Laureate.

The epithet most frequently hurled at Kissinger is “war criminal.” The celebrity
chef Anthony Bourdain famously wrote, “Once you’ve been to Cambodia, you’ll
never stop wanting to beat Henry Kissinger to death with your bare hands … and
you will never understand why he’s not sitting in the dock at The Hague next to
Milošević.”

So, is Henry Kissinger a war criminal?

It’s difficult not to confuse political, moral, and historical responsibility
for great human suffering with criminal liability. But it’s one thing to say
that Kissinger’s policies led to hundreds of thousands, probably millions, of
deaths. It’s another to say that, in a strict legal sense, he may be responsible
for those deaths. But there is a way to make a case using traditional
international criminal law principles.

Cambodia is indeed the most obvious example. Did Kissinger order unlawful acts
in the bombing of that country? By the early 1970s, a rule requiring that
attempts be made to spare civilians was firmly entrenched as a norm of customary
international law, based on the concepts of distinction between military and
civilian targets and of proportionality, which had been elaborated in
international conventions, U.N. General Assembly Resolutions (such as Resolution
2444 of 1969, reaffirming the duty to distinguish between civilians and military
targets), U.S. military law, and other efforts to codify the customary norms of
humanitarian law. Additional Protocol I of the Geneva Conventions, which came
into force in 1977, codified in treaty form many of these customary
international legal principles. 

In a war that Kissinger and Nixon treated as a “sideshow” to Vietnam, the United
States destroyed Cambodia’s neutrality and overthrew its government in an
attempt to deny the North Vietnamese sanctuaries and supply lines. But by
December 1970, an intense bombing campaign (which already caused massive
civilian casualties) and a joint U.S.-South Vietnam ground invasion had failed
to root out the Vietnamese communists, and Nixon now wanted to covertly escalate
the air attacks. Nixon called Kissinger and told him, “I want a plan where every
goddamn thing that can fly goes into Cambodia and hits every target that is open
… crack the hell out of them.” Five minutes later, Kissinger called Alexander
Haig, then his military assistant, to relay the orders. “He wants a massive
bombing campaign in Cambodia. He doesn’t want to hear anything. It’s an order,
it’s to be done. Anything that flies, on anything that moves. You got that?”
Pentagon records show that, compared with November 1970, the number of sorties
by U.S. gunships and bombers in Cambodia had tripled by the end of December. 

Kissinger’s order to strike “anything that moves” would appear to call for
committing war crimes by ignoring the distinction between military and civilian
targets.

Although Kissinger as national security adviser and secretary of state was not
in the defense chain of command, there is substantial evidence from the
principals’ memoirs (including Kissinger’s: “we worked out the guidelines for
the bombing of the enemy’s sanctuaries”), that Kissinger was involved in target
selection and “was reading the raw intelligence.” Ray Sitton, a colonel serving
the Joint Chiefs of Staff, would bring a list of targets to Kissinger for
approval. “Strike here in this area,” Kissinger would tell him, and Sitton would
backchannel the coordinates into the field, circumventing the military chain of
command. At least 100,000 Cambodian civilians were killed in the bombings. These
were not all on Kissinger’s watch, but a recent Intercept investigation –
including on-the ground interviews with survivors and formerly classified U.S.
military documents from a secret Pentagon task force that investigated war
crimes during the 1970s – offers previously unpublished evidence of civilian
deaths and shows how he bears responsibility for more violence than previously
reported. The records show that U.S. troops implicated in killing civilians
received no meaningful punishments. Ultimately, the U.S. bombings drove ordinary
Cambodians into the arms of the Khmer Rouge who would take over the country and
carry out one of the worst mass atrocities in history. 

Pakistan/Bangladesh offers another example. There, Kissinger could be questioned
for his role in aiding and abetting Pakistan’s atrocities during the civil war
in 1971, which killed hundreds of thousands of East Pakistanis and forced 10
million to flee to India. Under international criminal law, the crime of “aiding
and abetting” consists of two elements: the actus reus, and mens rea. The
precise standards of these two requirements have developed over time, with
almost each international criminal jurisdiction adopting slightly different
rules. In general, the actus reus element is satisfied when the accused gives
“practical assistance, encouragement, or moral support which had a substantial
effect on the perpetration of a crime.” The ad hoc tribunals considered that the
mens rea standard was met when the accused “had knowledge” that his acts “would
assist the commission of the crime by the perpetrator” or be aware “of the
substantial likelihood,” while the International Criminal Court (ICC) requires
that the accused act with the “purpose” of facilitating the principal crime. 

The civil war began when the supposedly outgoing military ruler of Pakistan,
General Agha Muhammad Yahya Khan, launched an attack on the eastern Bengali half
of the country (subsequently Bangladesh) following an election victory by the
independence-minded Bengali leader Sheikh Mujib-ur-Rahman. Pakistan’s military,
dominated by western Punjabis, received some 80 percent of its weapons from the
United States and depended on the United States for ammunition and spare parts
to keep it operating. 

State Department staff in Dhaka, the principal city of East Pakistan, witnessed
the violence in which the Pakistani military strafed villages, targeted Hindus
(who composed 10 percent of the population), and raped tens of thousands of
women. Their reports to Washington relayed the slaughter in gruesome detail and
pressed for action to stop the violence, but they were ignored. As described by
Princeton professor Gary Bass in his book, “The Blood Telegram: Nixon,
Kissinger, and a Forgotten Genocide,” Archer Blood, the U.S. consul general in
1971 in Dhaka, and 20 of his staff, in desperation, sent a “dissent cable,”
accusing the administration of “moral bankruptcy” and demanding action to stop
the “genocide“ in order “to salvage our nation’s position as a moral leader of
the free world.” Kenneth B. Keating, a former Republican senator from New York
then serving as the American ambassador to India, personally confronted Nixon
and Kissinger in the Oval Office about “a matter of genocide.” Nixon and
Kissinger would not have it, however. They ousted Blood – who Kissinger
privately scorned as a “maniac” – from his post in East Pakistan, while Nixon
called Keating “a traitor.” Not only did the pair despise India and Indira
Gandhi, who had sided with East Pakistan (White House tapes reveal Nixon telling
Kissinger that the Indians needed “a mass famine.” Kissinger mocked people who
“bleed” for “the dying Bengalis”), but they were relying on Yahya as their
backchannel for the upcoming breakthrough visit to China. When he returned from
his first secret trip to Beijing, Kissinger reported back to Nixon on Pakistan’s
help and joked that “Yahya hasn’t had such fun since the last Hindu massacre!”
Thus, Kissinger certainly knew of Pakistan’s crimes as they were being
committed. 

Rather than seeking to restrain the Pakistani military, however, Nixon and
Kissinger knowingly broke U.S. law by approving (and concealing their approval
of) the transfer to Pakistan of American-supplied F-104 Starfighter bombers from
Jordan and Iran.

As Bass’ book makes clear, Kissinger then resisted growing calls to criticize
Pakistani behavior or to suggest that Pakistan refrain from using U.S. arms
against civilians in East Pakistan. “A month into the slaughter, the Nixon
administration firmed up Pakistan policy in the quiet of the oval office.
Kissinger urged the president to continue support for Yahya, with only a little
retreat.” That “retreat” was a decision to allow spare parts to continue to flow
but to hold off new shipments of certain “‘controversial’ items in order not to
provoke the Congress to force cutting off all aid.” On Kissinger’s explicit
suggestion, Nixon also added a handwritten commentary to the memo that would be
distributed internally: “To all hands. Don’t squeeze Yahya at this time.” He
underscored the word “Don’t” three times.

The actus reus requirement for Kissinger’s “aiding and abetting” would appear to
be satisfied by the military assistance provided to Pakistan, particularly the
Starfighter bombers after the slaughter was underway (see ICC Statute Art. 25
(3)(c), where “abetting” includes “providing the means for the commission of
crimes”). 

Perhaps the most similar case is the Special Court for Sierra Leone’s conviction
of former Liberian president Charles Taylor for aiding and abetting the rebels
in neighboring Sierra Leone as they committed horrific abuses against
civilians. The Court found that Taylor knew of the atrocities being committed
against civilians by his Sierra Leonean allies “and of their propensity to
commit crimes.” Nevertheless, the Court said, Taylor continued to ship arms to
the rebels and provide them with political and moral support and encouragement.
These standards would certainly describe Kissinger’s role, which was the
equivalent of giving encouragement and weapons to a man on a killing spree.

(In the end, the Indian army intervened to defeat Pakistan, and free East
Pakistan which became the new nation of Bangladesh.)

East Timor could be another instance of Kissinger’s “aiding and abetting” a
client state’s crimes. After the Timorese declaration of independence from
Portugal in 1975, Kissinger and President Gerald Ford, fearing that the new
country would become a communist outpost, gave Indonesian President Suharto the
green light to invade the island in a Jakarta meeting the day before the actual
invasion. A major factor in restraining Jakarta had been concern over using U.S.
weapons. According to the State Department record of the Dec. 6, 1975,
meeting, Suharto acknowledged that there “will probably be a small guerilla war”
and Kissinger told him (as he had told Argentina), “It is important that
whatever you do succeeds quickly.” 

The United States was then supplying Indonesia’s military with 90 percent of its
arms, and Kissinger himself described their relationship as that of
“donor-client.” Virtually all of the military equipment used in the invasion was
U.S. supplied. As the civilian death toll from the invasion climbed into the
tens of thousands, Kissinger ensured that U.S. arms continued to flow to the
invading forces despite Congressional strictures in section 502B(a)(2) of the
Foreign Assistance Act against the use of U.S. arms in the gross violation of
human rights as well as a bilateral agreement stipulating that U.S.-supplied
arms could only be used for defensive purposes. A Dec. 18, 1975, memorandum
shows Kissinger apoplectic at his top staff for writing an internal memo
regarding the legal problems with using U.S. arms for the invasion. Kissinger
decided to finesse the legal problem by telling Congress that aid would be cut
off “while we are studying” the issue, but that the aid would “start again in
January.” And so it came to pass. A “modified suspension of military aid” to
Indonesia was imposed for six months, but in name only. Military equipment
already in the pipeline continued to flow, and during the six-month “review”
period the United States made four new offers of military equipment sales to
Indonesia including maintenance and spare parts for aircraft designed
specifically for counterinsurgency operations and employed during the invasion
of East Timor. U.S. military aid to Jakarta more than doubled from 1974 to 1976,
from $17 million to $40 million, which included 16 counterinsurgency aircraft,
three transport aircraft and 36 armored cars, which according to a 1977
congressional hearing, were directly used in East Timor. The aircraft reportedly
may have been used for spraying chemical defoliants. The U.N. Security Council
ordered Indonesia to withdraw, but to no avail. Then-U.N. Ambassador Daniel
Patrick Moynihan took pride in his U.N. memoirs, in having rendered the U.N.
“utterly ineffective in whatever measures it undertook.”

Kissinger’s actus reus was this “practical assistance” which had a “substantial
effect” on Indonesian crimes. The final report of East Timor’s landmark
Commission for Reception, Truth and Reconciliation (CAVR) found that U.S.
“political and military support were fundamental to the Indonesian invasion and
occupation” of East Timor. That Kissinger, and no one else, including Ford, was
calling the shots in providing that support, can be seen from most of the
minutes and memoranda of meetings.

Unlike in Pakistan, however, there is no hard evidence of Kissinger’s real-time
knowledge of ongoing atrocities, which would probably be necessary to meet the
mens rea standard (since he could not reasonably be charged with advance
“awareness” of “the substantial likelihood” that war crimes would be committed
by Indonesia in the ensuing “small guerilla war”). There were no foreign
journalists in the territory (Indonesia having murdered five Australian
journalists before the invasion). As the CIA predicted three days after the
invasion, East Timor’s isolation would “facilitate the efforts the Indonesians
are sure to make to keep information on Timorese dissidents from reaching the
outside world.” Still, there was substantial evidence of the killings available
on Kissinger’s watch. The British Embassy quickly reported that “once the
Indonesian forces had established themselves in Dili they went on a rampage of
looting and killing.” In February 1976, a moderate Timorese leader suggested a
death toll of at least 55,000 in the first two months of the invasion, and a
delegation of Indonesian relief workers agreed with this statistic. A late 1976
report by the Catholic Church also estimated the death toll at between 60,000
and 100,000. A March 1976 declassified document reports a Timorese defector from
an Indonesian delegation telling a U.S. embassy official in Lisbon that
Indonesia was “forcing integration [of East Timor] with Indonesia against its
will” and alleging “numerous atrocities” against the civilian population of
which he had documentary and photographic proof. The embassy official commented
that the source’s documentation “seems genuine” and that his story “jibes with
[redacted].” Whether Kissinger was aware of these reports remains to be shown.

There may be other potential cases against Kissinger, for the secret bombings in
Laos (the most heavily bombed country in history), Operation Speedy Express in
Vietnam, or Operation Condor, a coordinated effort in the 1970s by the secret
police forces of seven South American dictatorships to hunt down one another’s
dissidents.

Yet Kissinger has not once been even questioned by a court about any of his
alleged crimes. In 2004, a U.S. federal court dismissed on political questions
grounds a civil suit brought against Kissinger by the family of Chilean Army
Commander-in-Chief General René Schneider, who was killed in a botched
kidnapping attempt which Kissinger allegedly masterminded in a failed attempt to
stop Salvador Allende from ascending to power after his election. In the early
2000s, judges from Argentina, Chile, France, and Spain sought Kissinger’s
testimony regarding crimes committed by U.S. client regimes in South America in
the 1970s. In 2001, he had to flee Paris after being summoned by a judge. When
Kissinger was in London in 2002, British activist Peter Tatchell unsuccessfully
sought his arrest on charges related to the Vietnam War. Although Kissinger’s
alleged crimes were committed well before the heyday of international justice
began in 1998 with the creation of the ICC and the London arrest of Augusto
Pinochet, Cambodia, Bangladesh, and East Timor in fact created war crimes
tribunals which could have covered his acts. The Extraordinary Chambers in the
Courts of Cambodia, however, only had jurisdiction over the Khmer Rouge period –
a limitation insisted on by the United States – while Bangladesh’s International
Crimes Tribunal can only prosecute persons living in Bangladesh, and the East
Timor Special Panels did not in practice investigate crimes before 1999.  Many
of Kissinger’s “clients” in Argentina and Chile have also been prosecuted. Yet
for all the advances made by international justice, a powerful American former
secretary of state still seems beyond its grasp.

IMAGE: FORMER U.S. SECRETARY OF STATE HENRY KISSINGER ATTENDS A LUNCHEON TO
HONOR INDIAN PRIME MINISTER NARENDRA MODI, HOSTED BY U.S. VICE PRESIDENT KAMALA
HARRIS AND U.S. SECRETARY OF STATE ANTONY BLINKEN, AT THE DEPARTMENT OF STATE ON
JUNE 23, 2023 IN WASHINGTON, DC. (PHOTO BY ALEX WONG/GETTY IMAGES)




FILED UNDER:

Accountability, arms sales, Bangladesh, Cambodia, Civilian Harm, Classified
Information, East Timor, Henry Kissinger, Indonesia, International Criminal
Court (ICC), International Criminal Law, international justice, Mass Atrocities,
Pakistan, Richard Nixon, South America, Vietnam War, War Crimes


ABOUT THE AUTHOR(S)

REED BRODY

Reed Brody (@ReedBrody) is a member of the International Commission of Jurists
(ICJ). His latest book is "To Catch a Dictator: The Pursuit and Trial of Hissène
Habré" (Columbia University Press).

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 * BAD FOR THE GOOSE, BAD FOR THE GANDER: DRONE ATTACKS IN RUSSIA UNDERSCORE
   BROADER RISKS
   
   by Brianna Rosen
   
   Jun 8th, 2023

 * PROGRESS, RESISTANCE, AND SILENCE ON GENDER JUSTICE IN THE DRAFT CRIMES
   AGAINST HUMANITY TREATY
   
   by Tess Graham
   
   Jun 6th, 2023

 * MODEL PROSECUTION MEMO FOR TRUMP CLASSIFIED DOCUMENTS
   
   by Andrew Weissmann, Ryan Goodman, Joyce Vance, Norman L. Eisen, Fred
   Wertheimer, Siven Watt, E. Danya Perry, Joshua Stanton and Joshua Kolb
   
   Jun 2nd, 2023

 * THE LITHUANIAN CASE FOR AN INTERNATIONAL SPECIAL TRIBUNAL FOR THE CRIME OF
   AGGRESSION AGAINST UKRAINE
   
   by Dr. Gabija Grigaitė-Daugirdė
   
   Jun 1st, 2023

 * TREASURY IS TAKING A MORE PROACTIVE APPROACH TO BANK DE-RISKING
   
   by Scott Paul
   
   May 25th, 2023

 * EXPERT BACKGROUNDER: TITLE I OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT VS.
   SECTION 702
   
   by Asha Rangappa
   
   May 25th, 2023

 * ASSESSING THE CONTROVERSIAL MEETING OF A U.N. OFFICIAL AND RUSSIAN OFFICIAL
   WANTED FOR ARREST IN THE HAGUE
   
   by Ryan Goodman
   
   May 22nd, 2023

 * RETHINKING US FOREIGN POLICY STRATEGY ON WRONGFUL DETENTION
   
   by Ikechukwu Uzoma and Mooya Nyaundi
   
   May 18th, 2023

 * DEALING WITH HYBRID REGIMES: PURSUING US INTERESTS WITHOUT GIVING THEM A PASS
   ON DEMOCRACY
   
   by Patrick Quirk and Santiago Stocker
   
   May 17th, 2023

 * HOW TRUMP’S CNN TOWN HALL REMARKS PUT HIM IN GREATER LEGAL PERIL FOR JAN. 6
   INVESTIGATIONS
   
   by Tom Joscelyn, Norman L. Eisen and Fred Wertheimer
   
   May 12th, 2023

 * DHS INTELLIGENCE REARRANGES THE DECK CHAIRS—AGAIN
   
   by Spencer Reynolds
   
   May 10th, 2023

 * WHY THE E. JEAN CARROLL VERDICT WILL MATTER TO VOTERS
   
   by Ryan Goodman and Norman L. Eisen
   
   May 9th, 2023

 * U.S. DOMESTIC TERRORISM PROSECUTIONS: THE REALITY BEHIND THE GOVERNMENT’S
   INFLATED NUMBERS
   
   by Faiza Patel and Charles Kurzman
   
   May 8th, 2023

 * JUST SECURITY PODCAST: A GUILTY VERDICT IN THE PROUD BOYS TRIAL
   
   by Paras Shah
   
   May 4th, 2023

 * SUSTAINING RENEWED TOLERANCE IN CONTEXT: REFLECTIONS ON THE HOLOCAUST IN
   ESTONIA
   
   by Menachem Z. Rosensaft
   
   May 4th, 2023

 * FREEDOM OF EXPRESSION AND MEDIA FREEDOM AS A DRIVER FOR ALL HUMAN RIGHTS
   
   by Lord David Neuberger, Can Yeginsu, Catherine Amirfar and Baroness Helena
   Kennedy
   
   May 3rd, 2023

 * PREVENTING INTELLIGENCE LEAKS: LET’S START OVER
   
   by James Bruce
   
   May 3rd, 2023

 * TO END WAR IN SUDAN, TARGET THE GENERALS’ WAR CHESTS
   
   by Suliman Baldo
   
   May 2nd, 2023

 * INTRODUCTION TO EXPERT STATEMENTS ON DEMOCRACY AND POLITICAL VIOLENCE,
   SUBMITTED TO JANUARY 6TH HOUSE SELECT COMMITTEE
   
   by Jacob Glick
   
   May 1st, 2023

 * ON EVE OF MARCOS VISIT, US MUST CENTER HUMAN RIGHTS IN US-PHILIPPINES
   SECURITY RELATIONSHIP
   
   by Adam Keith
   
   Apr 28th, 2023

 * THE ROLE OF CULTURE IN TORTURE AND ITS ABSENCE IN GUANTANAMO’S MEDICAL CARE
   SYSTEM
   
   by Yumna Rizvi
   
   Apr 25th, 2023

 * RESTRICTING CHINESE ACCESS TO CHIPS IS ONLY A PARTIAL SOLUTION
   
   by Matthew Teasdale
   
   Apr 25th, 2023

 * THE WAR FROM WITHIN: RACIAL INJUSTICE IN THE US PRISON SYSTEM
   
   by Jessica Wolfendale
   
   Apr 24th, 2023

 * DIPLOMATIC ENGAGEMENT WITH THE TALIBAN: A PATH FORWARD OR A BLACK HOLE?
   
   by William Maley, Farkhondeh Akbari and Niamatullah Ibrahimi
   
   Apr 21st, 2023

 * THE FIGHTING IN SUDAN IS AN ARMED CONFLICT: HERE’S WHAT LAW APPLIES
   
   by Jelena Pejic
   
   Apr 20th, 2023

 * THE YEAR OF SECTION 702 REFORM, PART II: CLOSING THE GAPS AND COMPLETING THE
   MODERNIZATION OF FISA
   
   by Elizabeth Goitein
   
   Apr 18th, 2023

 * THE TEIXEIRA BREACH: WHAT TOP INTELLIGENCE AND LEGAL EXPERTS ARE SAYING
   
   by Just Security
   
   Apr 17th, 2023

 * THE TEIXEIRA DISCLOSURES AND SYSTEMIC PROBLEMS IN THE U.S. INTELLIGENCE
   COMMUNITY
   
   by Brianna Rosen
   
   Apr 14th, 2023

 * THE POWER OF JIMMY CARTER’S VISION FOR UNIVERSAL HUMAN RIGHTS
   
   by Aryeh Neier
   
   Apr 14th, 2023

 * THE STATE DEPARTMENT SHOULD PROVIDE CONGRESS THE DISSENT CHANNEL CABLE ON THE
   AFGHANISTAN WITHDRAWAL
   
   by Ambassador James F. Jeffrey
   
   Apr 13th, 2023

 * NATO MUST FAST TRACK BOSNIA’S MEMBERSHIP
   
   by Denis Bećirović
   
   Apr 13th, 2023

 * LESSONS FROM COVID-19: INTELLIGENCE FAILURES AND HOW TO PREPARE FOR THE NEXT
   GLOBAL CRISIS
   
   by Erik Dahl
   
   Apr 12th, 2023

 * DIGITAL PRIVACY LEGISLATION IS CIVIL RIGHTS LEGISLATION
   
   by Paige Collings and Adam Schwartz
   
   Apr 10th, 2023

 * A CASE FOR A TIELESS MULTILATERAL DIPLOMACY
   
   by Pablo Arrocha Olabuenaga
   
   Apr 10th, 2023

 * EXPERT Q&A ON IHL COMPLIANCE IN RUSSIA’S WAR IN UKRAINE
   
   by Jelena Pejic
   
   Apr 7th, 2023

 * CONGRESS CAN INVESTIGATE THE AFGHANISTAN WITHDRAWAL WITHOUT COMPROMISING A
   VITAL DISSENT CHANNEL
   
   by Ambassador Daniel Fried
   
   Apr 7th, 2023

 * DOES RUSSIA EXERCISE OVERALL CONTROL OVER THE WAGNER GROUP? EXPERT Q&A FROM
   STOCKTON CENTER’S RUSSIA-UKRAINE CONFERENCE
   
   by Jenny Maddocks
   
   Apr 5th, 2023

 * ЗАПИТАННЯ ТА ВІДПОВІДІ ЕКСПЕРТІВ ЩОДО КОНФІСКАЦІЇ АКТИВІВ У ВІЙНІ РОСІЇ ПРОТИ
   УКРАЇНИ
   
   by Chimène Keitner
   
   Apr 3rd, 2023

 * EXPERT Q&A ON ASSET SEIZURE IN RUSSIA’S WAR IN UKRAINE
   
   by Chimène Keitner
   
   Apr 3rd, 2023

 * THE BROAD SCOPE OF “INTENT TO DEFRAUD” IN THE NEW YORK CRIME OF FALSIFYING
   BUSINESS RECORDS
   
   by Ryan Goodman, Norman L. Eisen, Siven Watt, Joshua Kolb and Joshua Stanton
   
   Apr 3rd, 2023

 * SURVEY OF PAST CRIMINAL PROSECUTIONS FOR COVERT PAYMENTS TO BENEFIT A
   POLITICAL CAMPAIGN
   
   by Siven Watt and Norman L. Eisen
   
   Mar 30th, 2023

 * CONGRESS SHOULD LIMIT, NOT EXPAND, IRREGULAR WARFARE AUTHORITY
   
   by Katherine Yon Ebright
   
   Mar 30th, 2023

 * SUMMIT FOR DEMOCRACY: TRENDS IN NEWS MEDIA’S FUTURE, FORGED IN UKRAINE
   
   by Maksym Dvorovyi, Antonina Cherevko and Nick Benequista
   
   Mar 30th, 2023

 * AN ASSESSMENT OF THE UNITED STATES’ NEW POSITION ON AN AGGRESSION TRIBUNAL
   FOR UKRAINE
   
   by Rebecca Hamilton
   
   Mar 29th, 2023

 * SHUT OUT OF DEMOCRACY SUMMIT , THAILAND PREPARES FOR MAY ELECTIONS AS
   RESTRICTIVE LAWS AIM TO SILENCE YOUTH ACTIVISTS
   
   by Sirikan Charoensiri
   
   Mar 28th, 2023

 * RED ALERT: WHO WILL PROTECT THE PALESTINIANS?
   
   by David Kretzmer and Limor Yehuda
   
   Mar 27th, 2023

 * POLICY ALERT: IRAN-U.S. HOSTILITIES RATCHETING UP IN SYRIA
   
   by Brianna Rosen
   
   Mar 24th, 2023

 * 7 EXPERTS ON TRUMP’S CALL FOR PROTESTS AND SOCIAL MEDIA THREAT MODELS
   
   by Justin Hendrix
   
   Mar 23rd, 2023

 * TRACKING THE UNITED NATIONS 2023 WATER CONFERENCE: NOTABLE MOMENTS AND KEY
   THEMES
   
   by Clara Apt and Katherine Fang
   
   Mar 22nd, 2023

 * SURVEY OF PAST NEW YORK FELONY PROSECUTIONS FOR FALSIFYING BUSINESS RECORDS
   
   by Siven Watt, Norman L. Eisen and Ryan Goodman
   
   Mar 21st, 2023

 * ЧИМ ОБЕРНЕТЬСЯ НА ПРАКТИЦІ ОРДЕР МКС НА АРЕШТ ПУТІНА?
   
   by Stephen Pomper
   
   Mar 20th, 2023

 * REMAKING IRAQ: HOW IRANIAN-BACKED MILITIAS CAPTURED THE COUNTRY
   
   by Crispin Smith and Michael Knights
   
   Mar 20th, 2023

 * PROFILES OF THE JANUARY 6TH INMATES IN THE D.C. JAIL
   
   by Tom Joscelyn, Norman L. Eisen and Fred Wertheimer
   
   Mar 20th, 2023

 * HOW WILL THE ICC’S ARREST WARRANT FOR PUTIN PLAY OUT IN PRACTICE?
   
   by Stephen Pomper
   
   Mar 20th, 2023

 * REMEMBERING THE IRAQ WAR: HAS WASHINGTON REALLY LEARNED THE LESSONS?
   
   by Christopher S. Chivvis
   
   Mar 20th, 2023

 * THE ICC GOES STRAIGHT TO THE TOP: ARREST WARRANT ISSUED FOR PUTIN
   
   by Rebecca Hamilton
   
   Mar 17th, 2023

 * THE FALLACY OF US AND EU POLICY IN THE WESTERN BALKANS
   
   by Ismet Fatih Čančar
   
   Mar 17th, 2023

 * МКС РОЗПОЧИНАЄ З ВЕРХІВКИ: ВИДАНО ОРДЕР НА АРЕШТ ПУТІНА
   
   by Rebecca Hamilton
   
   Mar 17th, 2023

 * ЗАХІДНЕ “САМОСТРИМУВАННЯ” ДОПОМАГАЄ АГРЕСИВНІЙ ВІЙНІ ПУТІНА
   
   by Erlingur Erlingsson and Fridrik Jonsson
   
   Mar 15th, 2023

 * THE RUSSIAN INTERCEPT OF THE U.S. REAPER AND INTERNATIONAL LAW
   
   by Michael Schmitt
   
   Mar 15th, 2023

 * WESTERN “SELF-DETERRENCE” IS AIDING PUTIN’S WAR OF AGGRESSION
   
   by Erlingur Erlingsson and Fridrik Jonsson
   
   Mar 15th, 2023

 * TO SECURE PEACE IN EUROPE, BRING UKRAINE INTO NATO
   
   by Ambassador Daniel Fried
   
   Mar 13th, 2023

 * ARE METHODS OF NAVAL WARFARE AT RISK UNDER “QUALIFIED” NEUTRALITY? EXPERT Q&A
   FROM STOCKTON CENTER’S RUSSIA-UKRAINE CONFERENCE
   
   by W. Casey Biggerstaff
   
   Mar 10th, 2023

 * STILL TIME FOR DIPLOMACY: NUCLEAR NEGOTIATIONS WITH IRAN ARE IMPERATIVE
   
   by Kelsey Davenport
   
   Mar 10th, 2023

 * UNPACKING NEW LEGISLATION ON US SUPPORT FOR THE INTERNATIONAL CRIMINAL COURT
   
   by Todd Buchwald
   
   Mar 9th, 2023

 * AS AFGHANISTAN HEARINGS BEGIN, CONGRESS MUST RISE ABOVE PARTISANSHIP TO FIND
   MEANINGFUL SOLUTIONS
   
   by Chris Purdy
   
   Mar 8th, 2023

 * ALMOST THERE: WHEN WILL THE BIDEN ADMINISTRATION SUPPORT THE ICC IN UKRAINE?
   
   by Adam Keith
   
   Mar 4th, 2023

 * НАСИЛЬНИЦЬКЕ ПЕРЕМІЩЕННЯ РОСІЄЮ УКРАЇНСЬКИХ ЦИВІЛЬНИХ ОСІБ: ГРОМАДЯНСЬКЕ
   СУСПІЛЬСТВО, ПІДЗВІТНІСТЬ, СПРАВЕДЛИВІСТЬ
   
   by Oleksandra Matviichuk, Natalia Arno and Jasmine D. Cameron
   
   Mar 3rd, 2023

 * RUSSIA’S FORCIBLE TRANSFERS OF UKRAINIAN CIVILIANS: HOW CIVIL SOCIETY AIDS
   ACCOUNTABILITY AND JUSTICE
   
   by Oleksandra Matviichuk, Natalia Arno and Jasmine D. Cameron
   
   Mar 3rd, 2023




KEY TOPICS

Scroll within to view all topics.
 * Afghanistan
 * Climate Change
 * Congressional Oversight
 * Coronavirus
 * Counterterrorism
 * Cybersecurity
 * Democracy
 * Diplomacy
 * Disinformation
 * Immigration
 * Intelligence activities
 * International Criminal Law
 * International Human Rights
 * January 6th Attack on US Capitol
 * Law of Armed Conflict
 * Local Voices
 * Racial Justice
 * Social Media Platforms
 * United Nations
 * Use of Force




RESOURCES


TRACKERS

 * LITIGATION TRACKER: PENDING CRIMINAL AND CIVIL CASES AGAINST DONALD TRUMP
   
   by Karl Mihm, Jacob Apkon and Sruthi Venkatachalam
   
   Jan 30th, 2023

 * TRACKING COP27: NOTABLE MOMENTS AND KEY THEMES
   
   by Clara Apt and Katherine Fang
   
   Nov 18th, 2022

 * RUSSIA’S ELIMINATIONIST RHETORIC AGAINST UKRAINE: A COLLECTION
   
   by Clara Apt
   
   Jun 29th, 2023

 * THE JANUARY 6TH HEARINGS: CRIMINAL EVIDENCE TRACKER – TRUMP SUBPOENA EDITION
   
   by Noah Bookbinder, Norman L. Eisen, Debra Perlin, E. Danya Perry, Jason
   Powell, Donald Simon, Joshua Stanton and Fred Wertheimer
   
   Oct 27th, 2022


SERIES

 * U.N. GENERAL ASSEMBLY AND INTERNATIONAL CRIMINAL TRIBUNAL FOR THE CRIME OF
   AGGRESSION AGAINST UKRAINE
   
   by Just Security
   
   May 9th, 2023

 * INTRODUCING THE SYMPOSIUM ON U.S. SUPPORT FOR THE ICC’S TRUST FUND FOR
   VICTIMS
   
   by Paul R. Williams, Milena Sterio, Yvonne Dutton, Alexandra Koch, Lilian
   Waldock, Floriane Lavaud, Ashika Singh and Isabelle Glimcher
   
   Feb 13th, 2023

 * ANTISEMITISM AND THREATS TO AMERICAN DEMOCRACY
   
   by Eileen B. Hershenov and Ryan B. Greer
   
   Jan 26th, 2023

 * TOWARD A VALUES-BASED FOREIGN POLICY: DEVELOPING AN ETHICAL CHECKLIST
   
   by Ambassador Peter Mulrean (ret.) and William J. Hawk
   
   Jan 4th, 2023

 * TRACKING COP27: NOTABLE MOMENTS AND KEY THEMES
   
   by Clara Apt and Katherine Fang
   
   Nov 18th, 2022

 * ON INDIGENOUS PEOPLES’ DAY, REFLECTIONS ON TRIBAL SOVEREIGNTY IN HAALAND V.
   BRACKEEN
   
   by Amanda L. White Eagle
   
   Oct 10th, 2022

 * ENDING PERPETUAL WAR
   
   by Brianna Rosen
   
   Oct 25th, 2022

 * THE CASE FOR CREATING AN INTERNATIONAL TRIBUNAL TO PROSECUTE THE CRIME OF
   AGGRESSION AGAINST UKRAINE (PART I)
   
   by Oona A. Hathaway
   
   Sep 20th, 2022

 * INTRODUCTION TO SYMPOSIUM: STILL AT WAR – WHERE AND WHY THE UNITED STATES IS
   FIGHTING THE “WAR ON TERROR”
   
   by Tess Bridgeman and Brianna Rosen
   
   Mar 24th, 2022

 * AFTER A YEAR OF PRIVATION WITH THE TALIBAN’S RETURN, THE PEOPLE OF
   AFGHANISTAN DESERVE BETTER FROM THE US AND THE WORLD
   
   by Nasir A. Andisha and Marzia Marastoni
   
   Aug 15th, 2022

 * INTRODUCTION TO JUST SECURITY’S SERIES ON EXECUTIVE ORDER 9066, 80 YEARS
   AFTER SIGNING
   
   by Megan Corrarino
   
   Feb 18th, 2022

 * CONGRESS CAN AND SHOULD ADDRESS THE THREAT FROM UNAUTHORIZED PARAMILITARY
   ACTIVITY
   
   by Mary B. McCord
   
   Jan 24th, 2022

 * THE GOOD GOVERNANCE PAPERS: A JANUARY 2022 “REPORT CARD” UPDATE
   
   by Emily Berman, Tess Bridgeman, Megan Corrarino, Ryan Goodman and Dakota S.
   Rudesill
   
   Jan 20th, 2022

 * SYMPOSIUM RECAP: SECURITY, PRIVACY AND INNOVATION – RESHAPING LAW FOR THE AI
   ERA
   
   by Laura Brawley, Antara Joardar and Madhu Narasimhan
   
   Oct 29th, 2021

 * TOWARDS A NEW TREATY ON CRIMES AGAINST HUMANITY: NEXT STEPS
   
   by Leila Nadya Sadat
   
   Sep 13th, 2021

 * INTRODUCTION TO SYMPOSIUM: HOW PERPETUAL WAR HAS CHANGED US — REFLECTIONS ON
   THE ANNIVERSARY OF 9/11
   
   by Tess Bridgeman, Rachel Goldbrenner and Ryan Goodman
   
   Sep 7th, 2021

 * NEW JUST SECURITY SERIES: BEYOND THE MYANMAR COUP
   
   by Just Security
   
   Jul 19th, 2021

 * NEW JUST SECURITY SERIES: REFLECTIONS ON AFGHANISTAN ON THE EVE OF WITHDRAWAL
   
   by Kate Brannen
   
   Jun 30th, 2021

 * INTRODUCING A SYMPOSIUM ON THE UN GLOBAL COUNTERTERRORISM STRATEGY
   
   by Fionnuala Ní Aoláin and Kate Brannen
   
   Jun 14th, 2021

 * THE MÉNDEZ PRINCIPLES: LEADERSHIP TO TRANSFORM INTERROGATION VIA SCIENCE,
   LAW, AND ETHICS
   
   by Steven J. Barela and Mark Fallon
   
   Jun 1st, 2021

 * INTRODUCTION TO JUST SECURITY’S SERIES ON TULSA RACE MASSACRE OF 1921
   
   by Christine Berger
   
   May 29th, 2021

 * SPOTLIGHT ON SRI LANKA AS UN HUMAN RIGHTS COUNCIL PREPARES NEXT SESSION
   
   by Beth Van Schaack
   
   Feb 1st, 2021

 * NESTLÉ & CARGILL V. DOE: INTRODUCTION TO A SYMPOSIUM
   
   by Beth Van Schaack and Chris Moxley
   
   Nov 16th, 2020

 * COVID-19 AND INTERNATIONAL LAW SERIES: INTRODUCTION
   
   by Oona A. Hathaway, Preston Lim, Mark Stevens and Alasdair Phillips-Robins
   
   Nov 10th, 2020




TIMELINES

 * JANUARY 6TH INTELLIGENCE FAILURE TIMELINE
   
   by Erik Dahl
   
   Jun 7th, 2022

 * TIMELINE: REP. JIM JORDAN, A SYSTEMATIC DISINFORMATION CAMPAIGN, AND JANUARY
   6
   
   by Justin Hendrix, Nicholas Tonckens and Sruthi Venkatachalam
   
   Aug 29th, 2021

 * MARK MEADOWS TIMELINE: THE CHIEF OF STAFF AND SCHEMES TO OVERTURN 2020
   ELECTION
   
   by Ryan Goodman and Juilee Shivalkar
   
   Aug 8th, 2021

 * THE OFFICIAL AND UNOFFICIAL TIMELINE OF DEFENSE DEPARTMENT ACTIONS ON JANUARY
   6
   
   by Kate Brannen and Ryan Goodman
   
   May 11th, 2021

 * #STOPTHESTEAL: TIMELINE OF SOCIAL MEDIA AND EXTREMIST ACTIVITIES LEADING TO
   1/6 INSURRECTION
   
   by Atlantic Council's DFRLab
   
   Feb 10th, 2021

 * INCITEMENT TIMELINE: YEAR OF TRUMP’S ACTIONS LEADING TO THE ATTACK ON THE
   CAPITOL
   
   by Ryan Goodman, Mari Dugas and Nicholas Tonckens
   
   Jan 11th, 2021

 * TIMELINE OF THE CORONAVIRUS PANDEMIC AND U.S. RESPONSE
   
   by Ryan Goodman and Danielle Schulkin
   
   Nov 3rd, 2020

 * TIMELINE: THE TRUMP ADMINISTRATION AND THE U.S. POSTAL SERVICE
   
   by Chris Shenton
   
   Aug 24th, 2020

 * TIMELINE: TRUMP, BARR, AND THE HALKBANK CASE ON IRAN SANCTIONS-BUSTING
   
   by Ryan Goodman and Danielle Schulkin
   
   Jul 27th, 2020

 * TIMELINE ON JARED KUSHNER, QATAR, 666 FIFTH AVENUE, AND WHITE HOUSE POLICY
   
   by Ryan Goodman and Julia Brooks
   
   Mar 11th, 2020




ABOUT THE AUTHOR(S)

REED BRODY

Reed Brody (@ReedBrody) is a member of the International Commission of Jurists
(ICJ). His latest book is "To Catch a Dictator: The Pursuit and Trial of Hissène
Habré" (Columbia University Press).

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