On Friday, January 26, the International Court of Justice issued its Opinion granting provisional measures in South Africa’s genocide case against Israel.  At this early stage of the proceedings, the Court did not determine whether Israel’s conduct amounts to genocide – that potential determination is left for what is known as the “merits” phase of the case, which will likely occur years from now. Instead, today the Court held that Israel’s actions to minimize harm to civilians did not sufficiently remove the risk of irreparable harm and ordered Israel to take specific actions including refraining from acts under the Genocide Convention, preventing and punishing incitement to genocide and taking effective measures to allow for the provision of humanitarian assistance, among others. Joining the show to discuss the Court’s Opinion and its implications are law professors Adil Haque, Oona Hathaway, and Yuval Shany. They have each written extensively about the case and its potential impact, including on Just Security. Show Notes: Adil Ahmad Haque (@AdHaque110)Oona A. Hathaway (@oonahathaway) Yuval Shany (@yuvalshany1) Paras Shah (@pshah518) Just Security’s South Africa v. Israel coverage  Just Security’s Israel-Hamas war coverageMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “The World Between Us” by Cory Alstad from Uppbeat: https://uppbeat.io/t/cory-alstad/the-wound-between-us (License code: GMVY1M06I3QWDKJJ)

This week, Vermont Senator Bernie Sanders used a little-known, decades-old law to force the Senate to vote on whether to request an investigation of potential human rights abuses by Israel in its war against Hamas. The obscure process that Sanders used is known as Section 502B of the Foreign Assistance Act. The law allows Congress to request a mandatory human rights report from the State Department on a specified country. And if the State Department does not provide a report within 30 days of the request, U.S. security assistance to the target country stops. While the resolution ultimately failed on January 16, it shows that Section 502B has the potential to become a powerful tool for forcing public discussion about alleged human rights and the United States’ role in facilitating them. Joining the show to unpack how Section 502B works, along with its history and new efforts to use it, is John Chappell. John is an Advocacy & Legal Fellow at the Center for Civilians in Conflict (CIVIC). He’s an expert on Section 502B. Show Notes: John Ramming Chappell (@jwrchappell) Paras Shah (@pshah518) John’s Just Security article on Senator Sanders’ Section 502B resolution Just Security’s arms sales coverageJust Security’s Congressional oversight coverageJust Security’s Israel-Hamas War coverageMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

This year’s version of the U.N. climate meeting, or COP, concluded last week in the United Arab Emirates. Nearly 200 nations from around the world agreed to a historic deal to transition away from fossil fuels in a “just, orderly and equitable manner” and leaders pledged $700 million in funds to address the loss and damage from climate change. But as with any global agreement, now comes the hard part of turning words on paper into reality as countries decide how to implement their new commitments. Joining the show to discuss the developments at COP28 and what comes next is Mark Nevitt. Mark is a professor at Emory Law School and an expert on climate change.Show Notes: Paras Shah (@pshah518) Mark P. Nevitt (@MarkNevitt) Mark’s Just Security article “Assessing COP 28: The New Global Climate Deal in Dubai” Just Security’s COP28 coverageJust Security’s climate change coverageMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Breathing Water (Solo Piano)” by Cedric Vermue from Uppbeat: https://uppbeat.io/t/cedric-vermue/breathing-water-solo-piano (License code: MH0XYFEO1YABWIMJ)

The 2024 U.S. presidential election is less than a year away and the primary process starts in January.The election will serve as a stress test for American democracy: Will candidates accept the results? Will voters? Are governments and social media platforms ready for a barrage of disinformation? And can election administrators maintain confidence in free and fair elections as they work with constantly shifting election laws, court rulings, and voter suppression efforts?Joining the show to discuss how election administrators are preparing for 2024 and the risks they are confronting now is Allison Mollenkamp. Allison is a Fellow at Just Security and recently interviewed election officials from eight states around the country.  Show Notes: Paras Shah (@pshah518) Allison MollenkampAllison’s Just Security article “America’s Election Officials Fight Disinformation and Death Threats Ahead of 2024”Just Security’s U.S. election protection coverageMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Breathing Water (Solo Piano)” by Cedric Vermue from Uppbeat: https://uppbeat.io/t/cedric-vermue/breathing-water-solo-piano (License code: MH0XYFEO1YABWIMJ)

On Monday, Dec. 4, 2023, the Reiss Center on Law and Security at NYU Law and Just Security co-hosted an expert discussion entitled “Toward a Goldilocks Deal on Section 702 Surveillance Reform.” This Podcast episode is the audio from that discussion, which was co-moderated by Senior Counsel at Perkins Coie LLP and former Justice Department counterespionage prosecutor and FISA oversight attorney David Aaron and Just Security Co-Editor-in-Chief and former Deputy Legal Adviser to the National Security Council and Special Assistant to the President Tess Bridgeman.The panelists were: Elizabeth (Liza) Goitein the Senior Director of the Liberty & National Security Program at the Brennan Center for Justice; Andrew McCabe the Former Acting Director and Deputy Director at the Federal Bureau of Investigation; and Mary McCord the Executive Director of the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center. Show Notes: David Aaron (@davidcaaron) Tess Bridgeman (@bridgewriter)Elizabeth (Liza) Goitein (@LizaGoitein) Andrew G. McCabeMary B. McCordParas Shah (@pshah518) Just Security’s FISA Section 702 coverageReiss Center on Law and Security at NYU School of LawMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Eyes Closed” by Tobias Voigt from Uppbeat: https://uppbeat.io/t/tobias-voigt/eyes-closed (License code: XTRHPYM1ELYU8SVA) 

This week, world leaders, diplomats, climate activists, journalists, and fossil fuel executives will meet in Dubai for the United Nations’ annual Climate Change Conference. While many discussions will build on last year’s COP, where nations agreed to fund loss and damage from climate change, another focus will be on who is sidelined from the discussions. The United Arab Emirates has reportedly hired an army of public relations experts to help manage its reputation during the two-week event and to keep international attention away from its crackdown on civic space. Meanwhile, some of the world’s largest democracies, including governments that have traditionally championed human rights, lack a clear vision for protecting civic space in the climate talks, even though Indigenous communities, social justice movements, and human rights defenders are at the forefront of fighting climate change.Joining the show to discuss the role of civil society at COP 28 is Kirk Herbertson. Kirk is a Senior Policy Advisor at EarthRights International, a nonprofit organization that “combines the power of law with the power of people in defense of human rights and the environment.” Show Notes: Kirk Herbertson (@KirkHerbertson) Paras Shah (@pshah518) Kirk’s Just Security article “To Avert Climate Crisis, Democracies Need to Protect Civic Space”Just Security’s climate change coverageJust Security’s civil society coverageMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “The World Between Us” by Corey Alstad from Uppbeat: https://uppbeat.io/t/cory-alstad/the-wound-between-us (License code: DBNNNNMVJSCUU65C)

Some of the biggest risks to human rights in the twenty-first century come from governments misusing surveillance technology originally designed to combat counterterrorism. These spyware tools are manufactured around the world, including in the United States, the European Union, China, Israel, and the United Arab Emirates. The technology is difficult to detect and allows access to a target’s communications, contacts, and geolocation and metadata. It can even delete information or plant incriminating data on a person’s phone. Now, nations are using it to spy on politicians, journalists, human rights activists, lawyers, and ordinary citizens with no links to terrorism. As a reminder, this is Part 2 of a conversation with Fionnuala Ni Aoláin. Fionnuala recently completed her tenure as the United Nations Special Rapporteur on Human Rights and Counterterrorism.For nearly six years, she examined global and country counterterrorism practices and how they do or don’t comply with human rights standards. To hear Part 1 of our discussion, including Fionnuala’s insights from her experience documenting the conditions at the U.S. detention facility at Guantanamo Bay, Cuba, and in prisons and sprawling camps in Northeast Syria, please tune in to last week’s episode, which you can find in the show notes and on our website. Show Notes:Fionnuala Ní Aoláin (@NiAolainF)Paras Shah (@pshah518) Viola Gienger (@ViolaGienger)Part 1 of our conversation with Fionnuala Fionnuala and Adriana Edmeades Jones’ Just Security article “Spyware Out of the Shadows”  Just Security’s Ending Perpetual War Symposium Just Security’s counterterrorism coverageJust Security’s technology coverageThe U.N. Special Rapporteur on counter-terrorism and human rights’ website (including reports during Fionnuala's term, which ended Oct. 31)Music: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Gnome” by Danijel Zambo from Uppbeat: https://uppbeat.io/t/danijel-zambo/gnome (License code: MIZAQ1JSL9JRTUN8)

More than two decades after the 9/11 attacks, counterterrorism still dominates most security policies and practices around the world, including at the United Nations. And yet, the problem of terrorism persists around the world – from southwestern Pakistan, to the October 7 Hamas attack on Israel, to the Sahel.Across the board, nations are failing to address the root causes of extremism. What might alternative approaches to counterterrorism look like? Perhaps no one is better equipped to consider the impact of counterterrorism on human rights than Fionnuala Ní Aoláin. This is Part 1 of a special two-part conversation. Please join us next week for Fionnuala’s insights into the human rights implications caused by spyware and personal data collection. Fionnuala recently completed her tenure as the U.N. Special Rapporteur on Human Rights and Counterterrorism. She was the first U.N. expert to visit the U.S. detention facility at Guantanamo Bay, Cuba, and issued a landmark report on how Guantanamo deprives both the detainees and the 9/11 victims of the justice they all deserve. She assessed the conditions in prisons and camps in northeast Syria that still hold over 50,000 people more than 5 years after the defeat of the Islamic State. She raised awareness of the role of gender in counterterrorism and of the repressive effect of counterterrorism tactics on civil society, and she enumerated the ever-expanding counterterrorism mandate at the U.N. Fionnuala is a law professor at the University of Minnesota  and at Queens University School of Law in Belfast, Northern Ireland and an executive editor at Just Security.Show Notes:  Fionnuala Ní Aoláin (@NiAolainF)Paras Shah (@pshah518) Viola Gienger (@ViolaGienger)Part 2 of our conversation with FionnualaFionnuala’s Just Security article “Rethinking Counterterrorism” Just Security's Ending Perpetual War Symposium Just Security’s counterterrorism coverageJust Security northeast Syria coverageJust Security’s Guantanamo coverageThe U.N. Special Rapporteur on counter-terrorism and human rights’ website (including reports during Fionnuala's term, which ended Oct. 31)The Guantánamo Artwork and Testimony of Moath Al-Alwi: Deaf Walls Speak (Alexandra S. Moore and Elizabeth Swanson, Editors)Music: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Moving” by Brock Hewitt from Uppbeat: https://uppbeat.io/t/brock-hewitt-stories-in-sound/moving (License code: JIUYKTT0FITX2S4X)

Across the United States, book bans, and attempted book bans, have hit a record high. Driven in part by newly passed state laws, public schools have seen a thirty-three percent increase in banned books. The vague and subjective language used in these laws leave school boards struggling to figure out exactly what content is prohibited. Some school boards, like the Mason City School District in Iowa, have turned to ChatGPT and Artificial Intelligence to comply with these new state laws. But, the inconsistency and limitations of AI technology have led to over inclusive results that disproportionately flag content about the experiences of women and marginalized communities, and raise concerns about free speech and censorship. Joining the show to discuss AI and its effect on book bans is Emile Ayoub.Emile is counsel in the Brennan Center’s Liberty and National Security Program where he focuses on the impact of technology on civil rights and liberties.Show Notes: Emile Ayoub (@eayoubg) Paras Shah (@pshah518) Emile and Faiza Patel’s (@FaizaPatelBCJ) Just Security article on using AI to comply with book bansJust Security’s Artificial Intelligence coverageJust Security’s content moderation coverageMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Tunnel” by Danijel Zambo from Uppbeat: https://uppbeat.io/t/danijel-zambo/tunnel (License code: SBF0UK70L6NH9R3G)

In response to Hamas’ brutal attacks that killed at least 1,400 Israeli civilians and continues with 200 hostages in Hamas control, Israel has imposed a “complete siege” of the Gaza Strip. This includes blocking access to electricity, food, and fuel. While Israeli authorities have restored some access to water in southern Gaza the supply remains limited. For the over 2 million civilians in Gaza, the siege has created dire humanitarian conditions. Hospitals are quickly running out of medical supplies, and the International Committee of the Red Cross recently said that humanitarian organizations will not be able to provide life-saving assistance with the siege in place.Joining the show to discuss the siege, and how international law applies to it, is Tom Dannenbaum. Tom is an Associate Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University where he is also Co-Director of the Center for International Law and Governance. Tom is an expert on international humanitarian law, including siege starvation. Show Notes: Tom Dannenbaum (@tomdannenbaum) Paras Shah (@pshah518) Tom’s Just Security article on the siege of Gaza and the starvation war crimeMark Zeitoun’s Just Security article on access to water in Gaza Ryan Goodman (@rgoodlaw), Michael Meier (@MWMeier23), and Tess Bridgeman’s (@bridgewriter) expert guidance on the law of armed conflict Just Security’s coverage of the Israel-Hamas warMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)