elizabethrb.bsky.social
public interest policy advocate & adjunct nat sec law prof but my real expertise is trash reality tv | _ElizabethRB on 🐦
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"Can't you see we're intertwined?" "Your foreign policy is blocking the path." Best speech of the night.
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❤️🙏
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❤️🙏
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what it does mean:
bsky.app/profile/eliz...
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Using the past year in Gaza a a case study, I show how they suppress speech and dissent, prolong suffering, and prevent peaceful conflict resolution.
Link here (PDF): www.nationalsecuritylawbrief.com/_files/ugd/0...
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The Netanyahu arrest warrants turned the tide on that system, which is deeply scary to the dying US empire accustomed to impunity.
Watch for several Dems to join Rs in the vote this week. The culture of impunity was built on a bipartisan basis and will be defended by the same.
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I have a longer law review article on the US-ICC Afghanistan dispute and how it laid bare the two-tiered system of international justice we've tried to maintain:
papers.ssrn.com/sol3/papers....
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(By then, the Biden admin had come in and backed off the ICC sanctions of the Trump administration but still firmly opposed the ICC looking into US behavior in Afghanistan).
Omar got pretty pilloried over it but she was right! I wrote this at the time:
fellowtravelersblog.com/2021/06/28/i...
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This was the basic point that @ilhanmn.bsky.social was making when she pressed Blinken on where victims of US and Israeli atrocities are supposed to find justice, if there's none domestically and we oppose it internationally.
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The ICC's jurisdiction rules are complicated but there's one aspect that you rarely hear about from pearl-clutching politicians: "complimentarity."
It means the ICC has no jurisdiction if a country has already taken accountability measures itself.
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Of course, the US ran a brutal, criminal, lawless torture program in Afghanistan (and other places).
And, never held anyone accountable in US courts for it.
But, it was insulting to think our conduct might even be examined!
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The last time we sanctioned the ICC was during Trump I, when the Prosecutor merely suggested that investigating war crimes in Afghanistan might include looking at US behavior there too.
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This is all to say nothing of how such a designation could lead to military conflict with the cartels, including if the still-active War on Terror legal architecture such as the 2001 AUMF could be stretched to justify force (would be quite the stretch indeed).
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Finally, those alleged to be providing material support to an FTO may be sued under the Anti-Terrorism Act (ATA) by private actors alleging injury due to acts of terrorism by the designated group.
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Third, and this is key, the FTO designation unlocks the federal crime of "material support" against all remotely linked to the group. I write more here:
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Second, economic sanctions may also be administered against the group, meaning U.S. financial institutions, persons, and entities are barred from any further transactions with the group. This can have big humanitarian consequences on the ground.
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So, what are the consequences of FTO designation? First, all associated with the FTO are barred from entry into the United States and potentially subject to deportation if already here.
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First, what is the FTO list? It's an entirely discretionary list maintained by the Exec Branch based on a VERY broad definition of "terrorism." Orgs have few means to contest their designation as an FTO in court, and the bar to have the designation overruled is high.
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coming soon
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like I said
inkstickmedia.com/its-time-for...
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🙏🙏
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A shorter version of a law journal article coming in the spring:
inkstickmedia.com/its-time-for...