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1. The Case for International Law

Author:
Harold Hongju Koh and Michael Doyle
Publication Date:
12-2013
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
In “The War of Law” (July/August 2013), Jon Kyl, Douglas Feith, and John Fonte purport to explain the state of international law and how it “undermines democratic sovereignty.” Their portrayal, however, hardly rises above caricature. Their legal prescriptions ignore constitutional history and, if followed, would drastically weaken U.S. foreign policy. The authors may not like the contemporary practice of international law, but their own ideas are painfully antiquated, better suited to an insular nineteenth-century nation than the great power the United States has become.
Topic:
Foreign Policy, International Law, and Law
Political Geography:
United States

2. A Global Trust for Rule of Law

Author:
Mark P. Lagon
Publication Date:
10-2012
Content Type:
Policy Brief
Institution:
Council on Foreign Relations
Abstract:
The rule of law is critical for people to have a meaningful opportunity to thrive. Still, for billions of people around the world today, the rule of law exists on paper but not in practice. Even though a theme for the United Nations General Assembly High-Level Panel in fall 2012 is rule of law, various UN programs devoted to rule of law have not had a transformative impact. Traditional intergovernmental institutions will never offer enough to achieve systemic change. To supplement them and achieve what they alone cannot, the United States should take the lead to forge a more nimble partnership with public, private, and nonprofit sectors and establish a Global Trust for Rule of Law (“Global Trust”). Similar to the Global Fund to Fight AIDS, Tuberculosis and Malaria (“Global Fund”), a diverse board of donor states, philanthropists, rule of law experts, and civil society representatives would run this Global Trust. Its purpose would be to build developing nations' capacity to implement rule of law and unleash the potential of marginalized groups worldwide, promoting not only human dignity but, crucially, global economic growth.
Topic:
Development, Economics, Human Rights, International Cooperation, International Law, Non-Governmental Organization, and United Nations
Political Geography:
United States

3. Justice Beyond The Hague: Supporting the Prosecution of International Crimes in National Courts

Author:
David A. Kaye
Publication Date:
06-2011
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
For nearly two decades, the United Nations has created international criminal tribunals to punish those responsible for war crimes, crimes against humanity, and genocide. Since the early 1990s the United States has strongly supported the UN tribunals for Rwanda and the former Yugoslavia and hybrid UN/national courts for Sierra Leone and Cambodia. The era of court-building culminated in the 1998 adoption, over U.S. objections, of a treaty to establish a permanent International Criminal Court (ICC) in The Hague. These international courts have brought dozens of perpetrators to justice, and the UN Security Council's requests that the ICC investigate the situations in Sudan (2005) and Libya (2011) show that policymakers across the spectrum, in the United States and abroad, believe that accountability-that is, bringing individuals to justice for committing atrocities-can be an important tool to combat war crimes, crimes against humanity, and genocide. Yet as important as these courts are, atrocities occur in places beyond their reach, and even where international courts investigate and prosecute, they lack the capacity to try all but a handful of the thousands of perpetrators of the worst international crimes.
Topic:
Crime, Genocide, International Cooperation, and International Law
Political Geography:
United States, Sudan, Libya, Yugoslavia, and Cambodia

4. Empty Promises? Obama's Hesitant Embrace of Human Rights

Author:
Kenneth Roth
Publication Date:
03-2010
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
After eight years of the Bush administration, with its torture of suspected terrorists and disregard for international law, Barack Obama's victory in the November 2008 U.S. presidential election seemed a breath of fresh air to human rights activists. Obama took office at a moment when the world desperately needed renewed U.S. leadership. In his inaugural address, Obama immediately signaled that, unlike Bush, he would reject as false "the choice between our safety and our ideals." Obama faces the challenge of restoring the United States' credibility at a time when repressive governments -- emboldened by the increasing influence of authoritarian powers such as China and Russia -- seek to undermine the enforcement of international human rights standards. As he put it when accepting the Nobel Peace Prize, the United States cannot "insist that others follow the rules of the road if we refuse to follow them ourselves." His Nobel speech in Oslo also affirmed the U.S. government's respect for the Geneva Conventions. "Even as we confront a vicious adversary that abides by no rules," Obama argued, "I believe the United States of America must remain a standard bearer in the conduct of war. That is what makes us different from those whom we fight. That is a source of our strength." When it comes to promoting human rights at home and abroad, there has undoubtedly been a marked improvement in presidential rhetoric. However, the translation of those words into deeds remains incomplete. AN INCOMPLETE REVERSAL Obama moved rapidly to reverse the most abusive aspects of the Bush administration's approach to fighting terrorism. Two days after taking office, he insisted that all U.S. interrogators, including those from the CIA, abide by the stringent standards adopted by the U.S. military in the wake of the Abu Ghraib debacle. He also ordered the shuttering of all secret CIA detention facilities, where many suspects "disappeared" and were tortured between 2001 and 2008. Finally, he promised to close the detention center at Guantánamo Bay, Cuba, within a year.
Topic:
Human Rights and International Law
Political Geography:
Russia, United States, and China

5. From Rome to Kampala: The U.S. Approach to the 2010 International Criminal Court Review Conference

Author:
Vijay Padmanabhan and Benjamin N. Cardozo
Publication Date:
04-2010
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
For the foreseeable future the United States is unlikely to become a member of the International Criminal Court (ICC), the international tribunal in The Hague responsible for prosecuting human rights atrocities and war crimes. From the time the Rome Statute of the International Criminal Court (the “Rome Statute”)—the treaty that established the ICC—was negotiated in 1998, the United States has voiced strong concerns about the ICC exercising jurisdiction over nationals of nonparties and the ICC prosecutor's authority to investigate and prosecute suspects without the approval of the UN Security Council. Those concerns have not been alleviated, and the Obama administration has said that it will not seek U.S. Senate approval of the Rome Statute in the near future. Even if the treaty were submitted to the Senate, the Senate would not approve it in its current form. Moreover, U.S. concerns could be exacerbated by modifications to the Rome Statute ICC members may make in the coming months.
Topic:
Crime, Human Rights, and International Law
Political Geography:
United States

6. The National Interest and the Law of the Sea

Author:
Scott G. Borgerson
Publication Date:
05-2009
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
The 1982 Convention on the Law of the Sea—the instrument that created the overarching governance framework for nearly three-quarters of the earth's surface and what lies above and beneath it—has been signed and ratified by 156 countries and the European Community, but not by the United States. The Law of the Sea Convention, with annexes (hereafter in this report referred to as the “convention”), and the 1994 agreement on its implementation have been in force for more than a decade, but while the United States treats most parts of the convention as customary international law, it remains among only a handful of countries—and one of an even smaller number with coastlines, including Syria, North Korea, and Iran—to have signed but not yet acceded to the treaty.
Topic:
Economics, Globalization, International Law, International Trade and Finance, International Affairs, and Maritime Commerce
Political Geography:
United States, North Korea, and Syria

7. The Responsibility to Contain: Protecting Sovereignty Under International Law

Author:
Michael Chertoff
Publication Date:
01-2009
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
International law must find a way to combat modern threats, but it cannot diminish U.S. sovereignty in doing so.
Topic:
International Law
Political Geography:
United States

8. Giving Meaning to "Never Again": Seeking an Effective Response to the Crisis in Darfur and Beyond

Author:
Cheryl Igiri and Princeton M. Lyman
Publication Date:
09-2004
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
April 2004 marked ten years since genocide ravaged Rwanda. The anniversary recalls the horrific way in which some 800,000 Rwandans lost their lives and serves as an unforgettable reminder of the international community's failure to prevent that genocide. This failure pervades the current consciousness as the tenor rises over how to react to credible reports of ethnic cleansing in Sudan.
Topic:
Security, Genocide, and International Law
Political Geography:
Sudan, North Africa, and Rwanda

9. Toward an International Criminal Court?

Author:
Ruth Wedgwood, Kenneth Roth, John Bolton, Annie-Marie Slaughter, and Leslie H. Gelb
Publication Date:
07-1999
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
In July 1998, after years of preparatory work and five weeks of negotiations in Rome, 120 states voted to approve a “statute,” or treaty, establishing an International Criminal Court (ICC), with jurisdiction over genocide, crimes against humanity, war crimes, and the still-undefined crime of aggression. Despite our strong interest in creating a court, the United States voted against the Rome Statute, concluding that it could pose an unacceptable risk to U.S. military personnel and to your ability as commander in chief to deploy forces worldwide to protect the United States and global interests. A year later, as our principal allies prepare to ratify the statute and bring the court into being, it is time to take a clear position supporting it, opposing it, or specifying the changes needed for our support.
Topic:
Foreign Policy, International Cooperation, and International Law
Political Geography:
United States

10. Reflections on the Chinese Constitution and its Relation to the Basic Law of the Hong Kong Administration Region

Author:
Jerome A. Cohen
Publication Date:
09-1999
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
My talk today has two parts. The first will comment on the roles of the various actors in the famous decision of the Hong Kong Court of Final Appeal in the “right of abode” cases and the subsequent interpretation of the Basic Law by the Standing Committee of the National People's Congress (“Standing Committee” or “NPCSC”). The second part will focus specifically on a fundamental and immediate constitutional question now confronting the various actors - whether an interpretation of the Basic Law by the NPCSC is binding on the courts of the Hong Kong Special Administrative Region (“HKSAR”).
Topic:
Foreign Policy and International Law
Political Geography:
China, Asia, and Hong Kong