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Articles by David Scheffer
The Story of Modern International Justice, 1993-2025
This book explains the most significant cases and jurisprudence emerging from the thirty-two-year record of the judicial institutions highlighted in the book. It explains the principles of international law emerging from and being strengthened by the jurisprudence of tribunal judges.
Mladić and the Genocide That Wasn’t
David J. Scheffer is senior fellow at the Council on Foreign Relations, with a focus on international law and international criminal justice. He was the first U.S. Ambassador at Large for War Crimes Issues and involved in the creation of the International Criminal Tribunal for the former Yugoslavia.
How I Got My Career in Foreign Policy: Margaret Brennan
It wasn’t until college that Margaret Brennandecided to pursue journalism. She embarked on a career covering financial markets and geopolitics at CNBC and Bloomberg TV, before eventually joining CBS News as a correspondent. In 2018, she became only the second woman ever to anchor Face the Nation, the network’s flagship Sunday morning news program. She currently sits on CFR’s board of directors.
The Supreme Court’s Cisco Ruling Clears the Way for U.S. Tech to Aid Repression Abroad | Council on Foreign Relations
Citizenship 7 hours ago Supreme Court upholds birthright citizenship, rejecting Trump’s proposed limits Associated Press - By MARK SHERMAN • 7h WASHINGTON (AP) — A divided Supreme Court on Tuesday upheld a broad conception of birthright citizenship, rejecting President Donald Trump’s executive order declaring that children born to people who are in the United States illegally or temporarily are not American citizens.
The Supreme Court’s Cisco Ruling Clears the Way for U.S. Tech to Aid Repression Abroad
David J. Scheffer focuses on international law and international criminal justice, and served as the first U.S. ambassador-at-large for war crimes issues. He joined an amicus brief of former U.S. ambassadors-at-large for war crimes issues/global criminal justice and prosecutors of international crimes in support of the respondents in Cisco Systems, Inc., et al. v. Doe I, et al. at the Supreme Court.
The Pope’s Mandate on AI Is a Moral Safeguard for Our Times
David J. Scheffer focuses on international law and international criminal justice and served as the first ever U.S. ambassador-at-large for war crimes issues. The global community desperately needs a powerful voice of reason and of justice that would fill the leadership vacuum in a world of widening conflicts, fraying support for human rights and use of force norms, and dizzying developments in the application of AI.
The Specter of Genocide Returns to Darfur
Today, there are four fugitives resisting ICC arrest for the Darfur crimes, including al-Bashir, who is charged with the crime of genocide. Last October, an ICC trial chamber convicted a Janjaweed leader of crimes against humanity and war crimes that he committed in Darfur during 2003 and 2004, and he has been sentenced to twenty years of imprisonment.
Maduro’s Capture and International Law: The Noriega Precedent
David J. Scheffer is a senior fellow at the Council on Foreign Relations, with a focus on international law and international criminal justice. More From Our Experts After the extraordinary U.S. operation to capture and extract Venezuelan leader Nicolás Maduro, it is worth recalling the circumstances of the U.S. invasion of Panama in 1989 and its resulting extraction and arrest of General Manuel Noriega on federal drug trafficking charges.
How food is being used as a weapon in Gaza, Sudan, and Ukraine
"None of us would like to live in a world where for political reasons, someone can just starve innocent civilians,” says CFR Africa expert Michelle Gavin. “We’ve collectively decided that’s not acceptable. It’s a violation of humanitarian law." More From Our Experts Experts, physicians, and humanitarian workers point to an alarming pattern that spans across regions, countries, and conflicts: food is being weaponized.
How the UN Charter Can Help Guide a Polarized World
David J. Scheffer is a senior fellow at the Council on Foreign Relations, with a focus on international law and international criminal justice. He served as senior advisor and counsel to the U.S. permanent representative to the United Nations (1993–1997) and as the UN secretary-general’s special expert on UN assistance to the Khmer Rouge Trials (2012–2018). This article draws upon his co-authored book, The UN Charter: Five Pillars for Humankind.
The UN Charter: global society’s guide to challenging times
The San Francisco Conference, 25 April-26 June 1945. Meeting of Commission III, Security Council, Committee 2, Peaceful Settlement. UN Photo/Lundquist. Far from being consigned to the archives of the 20th century, it should be recognised that the UN Charter is more relevant today than at any time in its previous eight decades. In its 80th year, the Charter of the United Nations (the UN Charter) remains the world’s most important secular document.
The UN Charter: humankind’s most important document
The San Francisco Conference, 25 April-26 June 1945. Meeting of Commission III, Security Council, Committee 2, Peaceful Settlement. UN Photo/Lundquist. Far from being consigned to the archives of the 20th century, it should be recognised that the UN Charter is more relevant today than at any time in its previous eight decades. In its 80th year, the Charter of the United Nations (the UN Charter) remains the world’s most important secular document.
Genocide Memory and Justice at Srebrenica
David J. Scheffer is a senior fellow at the Council on Foreign Relations, with a focus on international law and international criminal justice. He served as senior advisor and counsel to the U.S. Permanent Representative to the United Nations during the first term of the Bill Clinton administration. He also represented the U.S. Mission to the UN on the Deputies Committee of the National Security Council.
Why America Shouldn't Underestimate Chinese Power
For years in U.S. foreign policy circles, discussions of China focused on its growing wealth, power, and ambition, and the fear that it would supplant the United States. But a few years ago, the conversation took a sharp turn. Rather than fixating on China’s rise, most analysis began to focus on the country’s stagnation and even decline. There were good reasons for this: disappointing post-COVID economic growth, dire demographics, and a foreign policy alienating much of the world.
China’s Double Game in Myanmar
Four years into Myanmar’s civil war, the conflict remains far from a resolution. The military regime, reeling from devastating losses, is in deep trouble. It has lost effective control of roughly three-quarters of the country’s territory; surrendered key strategic bases, including two regional military commands, to advancing resistance forces; and now faces a hollowing out of its ranks as defections and demoralization spread.
Cambodia’s Descent Into a Death Spiral: Fifty Years On
David J. Scheffer is a senior fellow at the Council on Foreign Relations, focusing on international law and international criminal justice. Scheffer served as the U.S. Ambassador at Large for War Crimes Issues (1997–2001) and the UN Secretary-General’s Special Expert for UN Assistance to the Khmer Rouge Trials (2012–2018). More From Our Experts Five decades ago, Cambodia commenced the largest decimation of a human population by a country’s own leadership since the Holocaust.
Cambodia’s Descent Into a Death Spiral: Fifty Years On
Looking for the best places for solo travel in Asia? Then you’re in the right place! Planning a solo trip to Asia can be an exciting yet overwhelming …
Trade Wars Are Easy to Lose
“When a country (USA) is losing many billions of dollars on trade with virtually every country it does business with,” U.S. President Donald Trump famously tweeted in 2018, “trade wars are good, and easy to win.” This week, when the Trump administration imposed tariffs of more than 100 percent on U.S. imports from China, setting off a new and even more dangerous trade war, U.S. Treasury Secretary Scott Bessent offered a similar justification: “I think it was a big mistake, this Chinese...
Thailand's Chance to Send the Right Signal
The world is sleepwalking through Thailand’s growing denial of fundamental human rights, like freedom of expression. The country’s rights violations are aimed at shielding its centuries-old monarchy from domestic criticism–and they are trampling a vibrant pro-democracy movement.
Thailand’s Chance to Send the Right Signal
The world is sleepwalking through Thailand’s growing denial of fundamental human rights, like freedom of expression. The country’s rights violations are aimed at shielding its centuries-old monarchy from domestic criticism–and they are trampling a vibrant pro-democracy movement.
Trump v. U.S.: Has the Supreme Court Made the Presidency More Dangerous?
The Supreme Court’s ruling in Trump v. the United States has unmoored presidential policymaking, including in foreign affairs, from the rule of law. The impact of this epic judgment will likely reverberate for years in the nation’s domestic and foreign policies. What did the Supreme Court decide in Trump v. United States?
Holding Hamas Accountable at the ICJ Through Palestine
More than two months before South Africa brought its case at the International Court of Justice (ICJ) against Israel under the Convention on the Prevention and Punishment of the Crime of Genocide (1948) (Genocide Convention), observers decried a different alleged genocide—of Israelis on Oct. 7, 2023, resulting in the deaths of approximately 1,200 Israelis and foreigners and injuring an estimated 5,431 victims. On Oct.
Holding Hamas Accountable at the ICJ Through Palestine
More than two months before South Africa brought its case at the International Court of Justice (ICJ) against Israel under the Convention on the Prevention and Punishment of the Crime of Genocide (1948) (Genocide Convention), observers decried a different alleged genocide—of Israelis on Oct. 7, 2023, resulting in the deaths of approximately 1,200 Israelis and foreigners and injuring an estimated 5,431 victims. On Oct.
Three Challenging Policy Issues for the Prosecutor in the Israel-Hamas Situation
The chief prosecutor of the International Criminal Court (ICC),[1] Karim A. A. Khan,[2] faces several challenging policy issues in the months ahead regarding the Israel-Hamas situation.[3] In this comment I examine three of those issues. I. Role of the Prosecutor More From Our Experts Prosecutor Khan made two particularly important public statements about the Israel-Hamas situation following October 7, 2023.
Social Bonds: A New Variant of 'Lend-Lease' to Rebuild Ukraine
Michael Cholod, Geoffrey Goodell, Fen Osler Hampson, David Scheffer, Jon Unruh Policy Brief — February 2024 DOWNLOAD PDF International supporters of Ukraine are increasingly reluctant to fund what will undoubtedly be a massive reconstruction effort for the country — the amount now increasing into the hundreds of billions to possibly over a trillion dollars.[1] With the ongoing targeting of civilian residential areas and critical infrastructure by Russian forces, and almost certain refusal by...
Ask the Experts: The Genocide Convention 75 Years On
USIP’s Conflict Management Training for Peacekeepers (CMTP) program trains uniform members of national militaries who serve in international and regional peacekeeping missions. The training aims to improve mission effectiveness and bolster trust in the mission by focusing on skills and knowledge that enhance professional conduct among troops.
Capitalism’s Green Revolution Original
After decades of talking about climate change, governments and firms are finally taking action. As they gather in Dubai for the latest UN Climate Change Conference, many of the countries and organizations that pledged to cut emissions to “net zero” by 2050 at the conference in Glasgow in 2021 are now following through with policies and plans. Among them is the United States, which passed a trio of big new spending laws in 2022.
Russia Must Be Held Accountable for Alleged Criminal Aggression in Ukraine: Two Paths to Justice
The concept of aggression in modern international law is rooted in a complex history of war and conflict. Defined as the use of armed force by one state against another in the absence of the justification of self-defense or the authorization of the United Nations, aggression has been a recurring issue on the global stage.
What International Law Has to Say About the Israel-Hamas War
The atrocities Hamas committed against Israel on October 7 have sent shockwaves around the world and prompted the Israeli government to embark on a war of still-unknown magnitude and character against the Palestinian militant group. More From Our Experts Israel’s military campaign in the Gaza Strip seeks to fulfill several objectives, including the destruction of Hamas and the rescue of hostages, that are strictly regulated by international law.
An Expelled Journalist Returns to China
In March 2020, as COVID-19 spread across the globe, the Chinese government expelled a handful of U.S. journalists from China. The move came weeks after the Trump administration curtailed the number of Chinese citizens who could work in the United States for state-run Chinese news organizations. Among the journalists forced to leave China was Ian Johnson, who had been living there for 20 years. This spring, Johnson finally returned to China.
A Tariff for the Climate
China is challenging the United States militarily, geopolitically, and economically. These challenges are connected, and the right response must address all three. The answer is a single new policy: a foreign pollution fee. This fee will target imports that are produced with higher greenhouse gas emissions than American-produced goods.
Ethnic Cleansing Is Happening in Nagorno-Karabakh. How Can the World Respond?
The ethnic Armenian population of the Nagorno-Karabakh enclave in Azerbaijan, a largely Christian community in a predominantly Muslim nation, is experiencing ethnic cleansing at warp speed. Over the last week, almost all of the estimated 120,000 ethnic Armenians in Nagorno-Karabakh have fled west to Armenia. This exodus follows clashes with the Azerbaijan army that have reportedly killed upwards of four hundred people, including some civilians.
Gravity’s Influence on Human Motivation
This is an early access version, the complete PDF, HTML, and XML versions will be available soon. Open AccessArticle by 1, 2,3,*, 4 and 5,* 1 Executive School of Management, Technology and Law (ES-HSG), University of St. Gallen, Holzstrasse 15, 9010 St. Gallen, Switzerland 2 Institute of Anatomy, Winterthurerstr.
The Fate of Justice in Russia-Ukraine Peace Talks
While the final chapter of the Russia-Ukraine war has yet to be written, the prospects of any negotiations to achieve a just and lasting peace remain distant. But it is not too soon to consider how accountability, particularly criminal accountability, would fare if any such talks were held between Russia and Ukraine. More From Our Experts Russian negotiators will, of course, push back on any proposal for accountability.
The Fate of Justice in Russia-Ukraine Peace Talks
While the final chapter of the Russia-Ukraine war has yet to be written, the prospects of any negotiations to achieve a just and lasting peace remain distant. But it is not too soon to consider how accountability, particularly criminal accountability, would fare if any such talks were held between Russia and Ukraine. Russian negotiators will, of course, push back on any proposal for accountability.
The Fate of Justice in Russia-Ukraine Peace Talks
While the final chapter of the Russia-Ukraine war has yet to be written, the prospects of any negotiations to achieve a just and lasting peace remain distant. But it is not too soon to consider how accountability, particularly criminal accountability, would fare if any such talks were held between Russia and Ukraine. Russian negotiators will, of course, push back on any proposal for accountability.
Deterrence Lawfare to Save Taiwan
A recent Council on Foreign Relations task force report about “U.S.-Taiwan Relations in a New Era” warns that “deterrence is steadily eroding in the Taiwan Strait and is at risk of failing, increasing the likelihood of Chinese aggression.” The report provides a pragmatic road map for managing this looming threat and counsels “that any future arrangement between China and Taiwan be arrived at peacefully and with the assent of the Taiwanese people.” More From Our Experts But diplomacy sometimes...
Deterrence Lawfare to Save Taiwan
A recent Council on Foreign Relations task force report about “U.S.-Taiwan Relations in a New Era” warns that “deterrence is steadily eroding in the Taiwan Strait and is at risk of failing, increasing the likelihood of Chinese aggression.” The report provides a pragmatic road map for managing this looming threat and counsels “that any future arrangement between China and Taiwan be arrived at peacefully and with the assent of the Taiwanese people.” But diplomacy sometimes requires a hard...
How Does the War in Ukraine End?
Sign in and save to read later Print this article Share on Twitter Share on Facebook Share on LinkedIn Get a link Page url Request Reprint Permissions Almost since the moment Russia launched its war in Ukraine in February 2022, the world has wondered: How does this end? For the first few weeks, it appeared that Russia might succeed with its initial war aims and take Kyiv and install a government friendly to Moscow.
Iran is Breaking Out of Its Box
Sign in and save to read later Print this article Share on Twitter Share on Facebook Share on LinkedIn Get a link Page url Request Reprint Permissions In April, startling pictures emerged from Beijing of Iranian Foreign Minister Hossein Amir-Abdollahian and his Saudi counterpart, Prince Faisal bin Farhan al-Saud, grinning and clasping hands with Chinese Foreign Minister Qin Gang. Relations between Sunni-controlled Saudi Arabia and Shiite-dominated Iran had been bitter for decades.
The United States Should Ratify the Rome Statute
(Editor’s note: This article is part of a joint symposium hosted by Just Security and Articles of War. The symposium addresses topics discussed at a workshop held at The George Washington University Law School concerning U.S. cooperation with the International Criminal Court’s Ukraine investigation. Laura Dickinson’s introductory post is available here.) A quarter century ago today the Rome Statute of the International Criminal Court (ICC) was completed following years of negotiations.
The Myth of Neutrality
Sign in and save to read later Print this article Share on Twitter Share on Facebook Share on LinkedIn Get a link Page url Request Reprint Permissions As the U.S.-Chinese rivalry intensifies, other countries increasingly confront the dilemma of siding with either Washington or Beijing. This is not a choice that most countries wish to make. Over the past decades, foreign capitals have come to enjoy security and economic benefits from association with both the United States and China.
What Drives Putin and Xi (Part One)
Chinese President Xi Jinping and Russian President Vladimir Putin loom over geopolitics in a way that few leaders have in decades. Not even Mao and Stalin drove global events the way Xi and Putin do today. Who they are, how they view the world, and what they want are some of the most important and pressing questions in foreign policy and international affairs. Stephen Kotkin and Orville Schell are two of the best scholars to explore these issues.
United Kingdom
Sign in and save to read later Print this article Share on Twitter Share on Facebook Share on LinkedIn Get a link Page url Request Reprint Permissions UK plc stays on track Brexit. The Covid-19 pandemic. The death of a beloved monarch. Over the last seven years, the United Kingdom has gone through a lot. Yet, the deeply-rooted pioneering spirit has remained alive in the country that gave birth to the Industrial Revolution. Across all sectors of the economy, the commitment to innovate is clear.
Working Together Toward Accountability: How the ICC and a Special Tribunal on Aggression Can Work Together on Ukraine
Accountability in law is a cornerstone for more stable societies. Both domestically and internationally holding those who step away from the law accountable deters the future perpetration of crimes. Justice mechanisms that work together bolster that effort and enhance efficiencies that breed confidence in assured justice.
Working Together Toward Accountability: How the International Criminal Court and a Special Tribunal on Aggression Can Work Together on the Ukraine Conflict
Former high-level justice officials from the UN, Canada's Ministry of Justice, and the US State Department argue that the time is now to create an international tribunal for the crime of aggression in Ukraine... Accountability in law is a cornerstone for more stable societies. Both domestically and internationally holding those who step away from the law accountable deters the future perpetration of crimes.
Congress Should Close the ‘Crimes Against Humanity’ Loophole
The last Congress delivered a big win for atrocity accountability by passing the Justice for Victims of War Crimes Act, which President Joe Biden signed into law in January of this year.
Congress Should Close the 'Crimes Against Humanity' Loophole
Filed under: Accountability, Alien Tort Statute, Crimes Against Humanity, genocide, International Criminal Court (ICC), Mass Atrocities, Russia, Russia-Ukraine War, Torture Victim Protection Act (TVPA), Ukraine, War Crimes, War Crimes Act The last Congress delivered a big win for atrocity accountability by passing the Justice for Victims of War Crimes Act, which President Joe Biden signed into law in January of this year.
How Apple's iPhone Affects China's Economic Future
Sign in and save to read later Print this article Share on Twitter Share on Facebook Share on LinkedIn Get a link Page url Request Reprint Permissions The iPhone 8, expected to be launched on September 12, is already an online media sensation. And with good reason. The release of each new iPhone is a technological shock that has the capacity to reconfigure a large chunk of the global economy.
A New Roadblock for Scottish Independence
The decades-long campaign for Scotland’s independence from the United Kingdom (UK) suffered a setback last month when the UK Supreme Court ruled that no new referendum can be held without London’s approval. Can the Scottish Parliament, controlled by the pro-independence Scottish National Party (SNP) and led by First Minister Nicola Sturgeon, keep the flame alive? What’s the history of the Scottish independence movement?
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