David Kaye

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Prime Minister Benjamin Netanyahu of Israel and Hamas’s Yahya Sinwar.Credit...Photo Illustration by The New York Times. Photographs by Amir Cohen/Agence France-Presse, Via Getty Images; Mustafa Hassona/Anadolu Agency/Getty Images

In seeking the arrests of senior leaders of Israel and Hamas, the prosecutor of the International Criminal Court has given the world a promise of accountability.

Regardless of the outcome of the cases, the prosecutor’s request that the court issue arrest warrants for Prime Minister Benjamin Netanyahu and Hamas’s Yahya Sinwar helps cut through the polarizing language of the moment and promotes the idea that the basic rules of international humanitarian law apply to all. Anyone demanding an end to the conflict in Gaza and the release of all hostages from the grasp of Hamas should embrace the decision.

The prosecutor, Karim Khan, has also brought accusations against Hamas’s Muhammad Deif and Ismail Haniyeh.…  Seguir leyendo »

ByteDance CEO Shou Zi Chew testifying on Capitol Hill in Washington, D.C., March 2023. Evelyn Hockstein / Reuters

On March 14, the U.S. House of Representatives passed legislation that would, if enacted, force Chinese media conglomerate ByteDance to divest itself of TikTok or find the popular social media site banned in the United States. The fear that Beijing has access to the data of 170 million U.S. TikTok users and thus the ability to influence their information diet allowed the bill to sail through the House. The legislation’s approval demonstrates the adversarial nature of the U.S.-China relationship, but it also spotlights a trend in the democratic world of governments promising to transform the Internet from a zone of danger and disinformation to one of safety and trust.…  Seguir leyendo »

For years, the global spyware industry has operated in the shadows, exposed only by human rights organizations and journalists. The industry claims it’s in the business of fighting crime and terrorism. But its members often sell to governments that equate “criminal” and “terror” with “critic” and “dissent”.

Over the weekend, a global consortium of news organizations, including the Post, joined Forbidden Stories, a Paris-based journalism nonprofit, to reveal how hollow the claims of fighting crime and terror are. The consortium reports that Israel’s NSO Group has sold its marquee spyware, Pegasus, to clients that have deployed it against the very pillars of democratic life: press freedom, the presumption of innocence, privacy, and freedom of expression and association.…  Seguir leyendo »

Libya's rebel leaders say they want to try Col. Muammar el-Qaddafi, if and when he is captured, in Libyan courts. In principle, Libyans deserve the satisfaction that only domestic justice can bring. National trials would advance the rule of law and allow Libyans to fully own their political transition.

One problem: the International Criminal Court, based 1,400 miles away in The Hague, has already issued arrest warrants for Colonel Qaddafi, his son and second-in-command Seif al-Islam, and his intelligence chief, Abdullah Senussi. The United Nations Security Council, recognizing that Colonel Qaddafi’s alleged crimes were not just against Libyans but against humanity, asked the I.C.C.…  Seguir leyendo »

On Monday, members of the International Criminal Court gather in Kampala, Uganda, to consider whether to amend the Court’s statute to allow it to exercise jurisdiction over the crime of “aggression.” Previous articles on these pages have argued that the crime is too vague and should be rejected (Michael J. Glennen, April 6), and that criminal responsibility for the illegal use of armed force would make international law more credible (Noah Weisbord, May 4).

By Richard Goldstone, distinguished visitor from the judiciary at the Georgetown University Law Center and former prosecutor at the U.N. Criminal Tribunals for the former Yugoslavia and Rwanda.…  Seguir leyendo »

Six years ago this Tuesday, President Bush granted American armed forces sweeping authority to detain and interrogate foreign members of Al Qaeda and their supporters and to use military commissions to try them. By doing so, the president set in motion the creation of military commissions and the detention camp in Guantánamo Bay, Cuba.

The Bush administration may legitimately claim certain benefits from the Guantánamo system. Some dangerous men are held there, and valuable intelligence has probably been gathered, perhaps even some that has enabled the government to disrupt terrorist activities.

But the costs have been high. Guantánamo has come to be seen worldwide as a stain on America’s reputation.…  Seguir leyendo »

What can the incoming Democratic Congress do to help reverse the steep erosion of America’s standing abroad, particularly the impression that the United States has disengaged from global problem-solving? Though the President dominates foreign policy, the Senate can make an impact in one significant area: by giving the required two-thirds majority vote to approve a raft of treaties awaiting action.

The Senate has before it more than two dozen treaties submitted for approval by President Bush and his predecessors — some, in fact, were negotiated as long ago as the Eisenhower administration. These agreements are not like the Kyoto Protocol on climate change or the statute that established the International Criminal Court, which are too controversial even to be transmitted to the Senate.…  Seguir leyendo »