Kevin Jon Heller

CBS News: Some NYPD officers worry about Mandani becoming NYC mayor the Free Press reports.

Promoting the editor-in-chief's personal side project. Zero named sources in a story that promotes the editor-in-chief's personal political position. Misspelling the subject's name. It took one day for CBS News to become a conservative blog.

www.cbsnews.com/video/some-n...

I assume this is a diktat from Bari Weiss.

Exclusive: ICC senior officials accused of 'prejudice' over Karim Khan probe Vice president of court oversight body met Khan’s accuser before case was referred to UN, while another member appeared to presume prosecutor’s guilt in prurient remarks

I won't comment on the substance, but @middleeasteye-rss.bsky.social has a new story about a recording of the Ugandan member of the ASP Bureau making prejudicial comments about the investigation of the Prosecutor. www.middleeasteye.net/news/exclusi...

Today!

This Friday! Come.

Still probably the highlight of my career!

This reminds me of when @kevinjonheller.bsky.social wrote about the Obama administration’s killing of Anwar al-Awlaki and it apparently (allegedly) changed its argument midstream in response to his blogpost on Opinion Juris

The talk is kindly co-sponsored by the Faculty of Law. It will be recorded but not live-streamed.

If you're in Copenhagen October 10, come see Andrew Cayley KC, who ran the Palestine investigation at the #ICC, give a
Centre for Military Studies talk entitled "The Future of International Criminal Justice: An Insider’s View." 15:00 at the Law Faculty. Register: cms.polsci.ku.dk/events/the-f...

I have finished the first draft of my new article, "A Stillborn Green Revolution: How Elite Activism During the Vietnam War Undermined Wartime Environmental Protection and Doomed the Crime of Ecocide." 33K words, 535 footnotes. Can't wait to share it!

*Now* it cares about federal statutes?

(9) If the US really believes its self-defence and armed conflict claims, it should make the case, not offer cursory and confused statements like Kelly's. I won't be holding my breath.

(8) Killing the individuals on the boat was murder. A state with jurisdiction over the killings -- such as one that applies passive personality jurisdiction to the crime of murder and had a national on board -- is entitled to prosecute any of the perpetrators in its domestic courts.

(7) The killings were unlawful under IHRL because they were neither proportionate (the traffickers did not pose an imminent threat to life) nor necessary (the US admits it attacked the boat to send a message to traffickers, not because it could not be interdicted and boarded).

(6) Because the attack on the boat did not take place as part of an armed conflict, the US cannot invoke IHL rules permitting lethal force against combatants or civilians directly participating in hostilities to justify the killings. The killings were governed by IHRL.

(5) As I tweeted yesterday, there is no coherent argument that the attack on the boat was governed by IHL. Although it is conceivable that a state could be engaged in a NIAC with a drug-trafficking organization, nothing indicates that this boat was connected to such a NIAC.

(4) Even if a state did have a right of individual self-defence agains the boat, the US could not attack the boat in collective self-defence unless the state with the individual right requested US assistance. The ICJ made that requirement clear in the Nicaragua case.

(3) Because no state, not even one affected by drug trafficking, had an individual right of self-defence against the boat, the US had no legal right to attack the boat in "collective self-defence." The latter depends on the former.

(2) Similarly, the US is not entitled to use of force in self-defence to protect its "national interests," no matter how vital they might be. Again: self-defence is permissible only in response to an armed attack.

(1) Drug trafficking is not an "armed attack" that gives rise to the right of self-defence, no matter how much harm it might cause to a state's population. Indeed, drug trafficking is neither an "attack" nor "armed." This is not controversial.

Here is Kelly's statement: the attack was in “in the collective self-defense of other nations who have long suffered due to the narcotics trafficking and violent cartel activities of such organizations... [and] was fully consistent with the law of armed conflict.”

Typically excellent article from Charlie Savage. But I wish he had spent a bit more time on the international-law issues. The statement by Anna Kelly, the White House spokesperson, is remarkable for how much it manages to get wrong in a mere 42 words.

Scripps News - 3:00 PM - 4:00 PM - U.S. Strikes Venezuelan Narco-Boat, Raising Legal Concerns And here is the clip featuring your intv! Thank you! - Powered by SnapStream Cloud Sharing

Wherein I further endear myself to the Trump administration by making clear that the attack on the Venezuelan drug-trafficking boat was a clear violation of international human rights law. (My thanks to @elizlanders.bsky.social for the interview.) video.snapstream.net/Play/1LL3E8j...

YouTube video by Clips From the Past Vietnam War: Help Unsell the War. 7 TV-Spots, 1971

If you're interested, you can find the ad at 4'11" in the video below. Apparently the room full of Madison Avenue ad men erupted with approval when the ad won the Clio, indicating the depth of mainstream opposition to the Vietnam War. www.youtube.com/watch?v=FNjr...

Fun fact: in 1972, "Apple Pie," a TV ad created by religious antiwar activists and Mad Men that decried US tax dollars being spent on “bombs instead of schools, defoliation instead of clean air and water, tanks instead of trains," won the Clio Award -- Madison Avenue's Oscar.

Art of the deal.

Apparently the US has now sanctioned both #ICC Deputy Prosecutors, Khan and Niang, as well as Judge Guillou of France and Judge Prost of Canada. sanctionssearch.ofac.treas.gov

Disturbing fact of the day: between 1965 and 1973, the US used nearly 31 billion pounds of munitions in Indochina, more than 7X the total amount used in WW II -- and equivalent to dropping one Hiroshima-sized atomic bomb on Indochina every five days for eight years, 600 in all.

I miss the good old days when rugged, square-jawed, non-woke white warriors led the US Armed Forces to glorious victory. Warriors like Gen. William Westmoreland in Vietnam.

Noted without comment.