The Just Security Podcast

In November 2021, a teenager in rural Texas downloaded the video game Call of Duty: Modern Warfare and quickly became obsessed. He began to research weapons from the game, including a military-grade assault rifle. The company that manufactures the weapon used Instagram to market it. The teenager spent hours on Instagram, using 20 different accounts to browse the app. He learned more about the gun, and saved every dollar he could to pre-order it. 23 minutes after he turned 18 years old, he purchased the weapon. A few days later, on May 24, 2022, the teenager walked into Robb Elementary School in Uvalde, Texas, and used the gun to kill 19 fourth-graders and two teachers.  Now, two years after the massacre, the families of those killed are suing Instagram and Activision Blizzard, the company that publishes Call of Duty. The novel lawsuit faces many legal hurdles – among them is Section 230, a federal law which significantly shields social media companies from liability for third-party content posted on their platforms. How might this long shot lawsuit impact who can be held responsible for mass shootings? And what are its potential implications for Silicon Valley in other contexts?  Joining the show to discuss the case and its potential impact on legal efforts to hold social media companies liable through the court system is Paul Barrett.  Paul is the deputy director and senior research scholar at the NYU Stern Center for Business and Human Rights.Show Notes: Paul M. Barrett (@AuthorPMBarrett) Paras Shah (@pshah518)Paul’s Just Security article “Can Families of Mass Shooting Victims Hold Social Media Companies Responsible for Violence?”  Just Security’s Section 230 coverageJust Security’s Big Tech coverageJust Security’s Domestic Extremism coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

This week, leaders from across the Euro-Atlantic region met in Washington, D.C., for the annual NATO Summit. The security pact turned 75 this year, and its 32 members are facing challenges on multiple fronts, from Russia’s continuing bombardment of Ukraine, now in its third year, to the growing relationship between Russia and China and NATO member Hungary’s outreach to both. And that’s not to mention issues such as the impacts of technology, especially artificial intelligence, and questions of how many allies are reaching the intended threshold for their own defense spending of at least 2% of GDP.And all of this comes amid the uncertainty of a looming U.S. election in which former President Donald Trump has signaled he would distance Washington’s support for the alliance, and amid President Joe Biden’s struggles to persuade supporters that he still has the physical and mental stamina – at age 81 – to serve another term. What are the key takeaways from the Summit and how might it influence security concerns on both sides of the Atlantic? Co-hosting today is Just Security’s Washington Senior Editor, Viola Gienger, and joining the show to discuss this year’s NATO summit and unpack its implications is Ambassador Daniel Fried. During his 40 years in the Foreign Service, Ambassador Fried played a central role in implementing U.S. policy in Europe after the fall of the Soviet Union. In several senior roles, including as Assistant Secretary of State for Europe, Ambassador Fried helped craft the policy of NATO enlargement to Central European countries and NATO-Russia relations. Earlier, he served as the U.S. Ambassador to Poland. He is currently the Weiser Family Distinguished Fellow at the Atlantic Council, which co-hosted the annual NATO Public Forum with other think tanks on the sidelines of the summit.  Show Notes: Ambassador Daniel Fried (@AmbDanFried) Viola Gienger (@ViolaGienger)Paras Shah (@pshah518)Ambassador Fried’s Just Security article “At the NATO Summit, Strategy and Politics in Play”  Just Security’s NATO coverageJust Security’s Russia-Ukraine war coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

This week, the U.S. Supreme Court issued its decision in Trump v. United States, finding that former presidents have “absolute immunity” for certain “official acts” taken while in office. The decision is a potentially sweeping expansion of presidential power and raises many questions, such as how to separate “official” and “unofficial” conduct in practice, and how it will impact the prosecutions against former President Donald Trump.  What are the opinion’s key takeaways? How might Special Counsel Jack Smith respond to the decision? Joining the show to unpack the Court’s landmark ruling, and what it means for presidential power and democracy, are leading legal experts Marty Lederman, Mary McCord, and Steve Vladeck. Just Security's Co-Editor-in-Chief, Ryan Goodman, co-hosted the discussion. Marty previously served in the Department of Justice’s Office of Legal Counsel and is a Professor at Georgetown University Law Center. Mary is Executive Director of the Institute for Constitutional Advocacy and Protection (ICAP) and is a Visiting Professor of Law at Georgetown University Law Center. She previously had a long career at the Department of Justice, as a federal prosecutor and later in leadership of the National Security Division. Steve is a Professor at Georgetown University Law Center, and he covers the Supreme Court both for CNN and through his Substack newsletter, “One First.” Marty, Mary, and Steve are all Editors at Just Security.  Show Notes: Marty Lederman (@marty_lederman)Mary B. McCordSteve Vladeck (@steve_vladeck)Ryan Goodman (@rgoodlaw)Paras Shah (@pshah518)Just Security’s Trump Trials coverageJust Security’s Supreme Court coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

On June 24, the International Criminal Court (ICC) issued arrest warrants for two top Russian officials for war crimes and crimes against humanity committed during Russia’s full-scale invasion of Ukraine. Prosecutors allege that Sergei Shoigu, Russia’s former defense minister, and Valery Gerasimov, the Chief of the General Staff of the Russian Armed Forces, directed missile strikes against Ukraine’s power plants and electrical infrastructure. Russian attacks on Ukraine’s power plants during the winter of 2022-2023 left 12 million people with limited or no access to energy and severely damaged Ukraine's health care system. Just how might the arrest warrants influence the war?  Joining the show to discuss the arrest warrants and their potential impact are Kateryna Busol and Rebecca Hamilton. Kateryna is a Ukrainian lawyer and an Associate Professor at the National University of Kyiv-Mohyla Academy. Rebecca is an Executive Editor at Just Security and a Professor of Law at American University.  Show Notes: Kateryna Busol (@KaterynaBusol)Rebecca Hamilton (@bechamilton)Paras Shah (@pshah518) Just Security’s symposium “International Law in the Face of Russia’s Aggression in Ukraine: The View from Lviv” Fionnuala Ní Aoláin’s Just Security article “A Zone of Silence: Obstetric Violence in Gaza and Beyond” and Podcast episode with Paras and Viola Gienger “Harm to Women in War Goes Beyond Sexual Violence: `Obstetric Violence' Neglected” Just Security’s International Law coverageJust Security’s Russia-Ukraine War coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

 The latest annual report from the Safeguarding Health in Conflict Coalition identified more than 2,500 incidents of violence against, or obstruction of, health care in conflicts during 2023. Those incidents, which span from Myanmar to Mali, include attacks on health care workers and facilities, the use of drones to target hospitals and ambulances, and the occupation of hospitals to conduct military operations. And many attacks are carried out with impunity. Joining the show to unpack patterns of attacks on health care in armed conflicts is an expert team from the nonprofit organization Physicians for Human Rights (PHR) and their local partners. Dr. Houssam al-Nahhas is PHR’s Middle East and North Africa (MENA) researcher where he documents attacks on health care, including unlawful detention of health care workers, and advocates for access to health.  Dr. Neema Rukunghu Nadine-Néné is a gynecologist at Panzi hospital in the eastern Democratic Republic of the Congo (DRC) and an expert trainer on the care of survivors of sexual violence for PHR and the Panzi Foundation.  Uliana Poltavets is PHR’s Ukraine Emergency Response Coordinator where she focuses on documenting attacks on health care in Ukraine since the onset of Russia’s full-scale invasion of the country in February 2022. Dr. “B” Zemen is an Organizational Psychologist and board member of the Health Professionals Network for Tigray (HPN4Tigray).Show Notes: Dr. Houssam al-Nahhas (@h_alnahhas)Dr. Neema RukunghuUliana PoltavetsDr. "B" ZemenParas Shah (@pshah518) Uliana and Christian De Vos’ Just Security article “Russia’s Attacks on Ukraine’s Energy Infrastructure Imperil Healthcare Access” Just Security’s International Humanitarian Law (IHL) coverageJust Security’s health coverageJust Security’s Civilian Harm coverageJust Security’s Gaza, Russia-Ukraine War, Syria, and Tigray coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

Just over two years ago, Russian forces fired a missile that destroyed a museum complex in Ukraine. The attack decimated the home of 18th-century Ukrainian philosopher and poet Hryhorii Skovoroda. Hundreds of years after his death, Skovoroda is still an important national figure. Ukrainian universities bear his name, and he appears on the 500 hryvnia note. For many Ukrainians, the attack felt like it struck at the core of their identity. Damage to cultural heritage has deep impacts on the people who care about and depend on it. Attacks in Ukraine, Gaza, Yemen, and other areas affected by armed conflict reveal a pattern of harm from explosive weapons to cultural heritage and, by extension, to civilians. But now, a new legal framework could change how nations protect cultural heritage during war.  Joining the show to discuss the impact of explosive weapons on cultural heritage, and what States can do to address it, is Bonnie Docherty. Bonnie is a Senior Arms Advisor in the Crisis, Conflict and Arms Division of Human Rights Watch. She is also a lecturer on law at Harvard Law School’s International Human Rights Clinic and Director of the Clinic’s Armed Conflict and Civilian Protection Initiative. Show Notes: Bonnie Docherty (@bonnie_docherty) Paras Shah (@pshah518) Bonnie’s Just Security article “Explosive Weapons Pose Threats to Cultural Heritage: States Have a Tool to Protect It” Just Security’s International Humanitarian Law coverageJust Security’s Protection of Civilians coverageJust Security’s Civilian Harm coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

Borders between countries are often dangerous, violent places. From the sands of the Sahel to the islands of the Mediterranean, borders allow governments to define who can enter a country – often deciding whether a person can find refuge or is left behind.  Increasingly, borders are also spaces for governments and private companies to test new technology. But how is that technology being used? And what impact is it having for people on the move?  Petra Molnar’s new book The Walls Have Eyes: Surviving Migration in The Age of Artificial Intelligence offers a sweeping portrait of how new tech, from surveillance drones to lie detection software, is transforming borders around the world. A lawyer and anthropologist, Petra specializes in migration and human rights. She co-runs the Refugee Law Lab at York University and is a faculty associate at Harvard’s Berkman Klein Center for Internet and Society. Just Security Podcast host Paras Shah recently sat down with Petra to discuss the book, which is available now from The New Press and wherever books are sold. Show Notes: Petra Molnar (@_PMolnar)Paras Shah (@pshah518) Petra’s book The Walls Have Eyes: Surviving Migration in The Age of Artificial Intelligence published by The New PressJust Security’s Technology coverageJust Security’s Migration coverageJust Security’s Artificial Intelligence coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)Music: “Two Acres” by “Arend” from Uppbeat: https://uppbeat.io/t/arend/two-acres (License code: TSVLNHC2S7MBCVQS)

Last week, an international court issued a major decision that could impact how nations around the world address climate change and protect the ocean. On May 21, the International Tribunal for the Law of the Sea (ITLOS), also known as “The Oceans Court,” delivered an advisory opinion holding that countries must take all necessary measures to prevent, reduce, and control pollution of the marine environment from greenhouse gas emissions. This is the first time that an international court has ruled directly on countries’ international legal obligations to mitigate climate change. The European Court of Human Rights found similar State obligations under the European Convention on Human Rights in April. The ITLOS decision is a major victory for the Commission of Small Island States on Climate Change and International Law, COSIS, a coalition of nine nations from the Caribbean and the Pacific. For small island States, climate change is an existential threat. Protecting the world’s oceans, which act as important heat and carbon sinks, is key to maintaining fish stocks, reducing the frequency and intensity of devastating storms, and preserving plants and wildlife. What exactly did the Tribunal decide? How might this groundbreaking ruling impact future climate policy? Co-hosting this episode is Just Security’s Managing Editor, Megan Corrarrino, and joining the show to discuss the Tribunal’s decision and its potential impact are Catherine Amirfar and Ambassador Cheryl Bazard.  Catherine is Chair of the Subcommittee on Litigation Management of COSIS’s Committee of Legal Experts and the Co-Chair of the law firm Debevoise & Plimpton’s International Dispute Resolution Group. She is also the Co-Chair of Just Security’s Advisory Board. Ambassador Cheryl Bazard serves as The Bahamas' Ambassador to Belgium and the European Union. The Bahamas is one of the nine COSIS States that sought the opinion. Show Notes:  Ambassador Cheryl BazardCatherine AmirfarMegan Corrarino (@MeganCorrarino)Paras Shah (@pshah518) Catherine and Duncan Pickard’s Just Security article “Q&A: ‘The Oceans Court’ Issues Landmark Advisory Opinion on Climate Change”Rebecca Hamilton’s Just Security article “The ‘Year of Climate’ in International Courts” Just Security’s Climate Change coverageJust Security’s International Law coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

We are over a month into former President Donald Trump’s historic criminal trial. The prosecution and defense have each presented their cases, and a Manhattan jury will soon decide whether Trump broke the law and interfered in the 2016 election by falsifying business records in an effort to cover up “hush money” payments to adult film actress Stormy Daniels. What has it been like inside the courtroom? What can we expect next from each side in closing arguments? Joining the show to discuss the trial and what comes next are seasoned legal reporters Terri Austin and Adam Klasfeld. Terri is an experienced lawyer and legal analyst and Adam is a veteran reporter and Journalism Fellow at Just Security. They’ve both covered Trump’s New York trial from inside the courtroom since day one. Show Notes:  Terri Austin (@Terridaustin)Adam Klasfeld (@KlasfeldReports) Paras Shah (@pshah518) Just Security’s Trump New York criminal trial coverageJust Security’s “Trump Trials Clearinghouse” Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

On Monday, May 20, International Criminal Court head Prosecutor Karim Khan announced that he has submitted an application to the Court’s judges to issue arrest warrants for Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the Minister of Defence of Israel, and three Hamas leaders, including Yahya Sinwar, for war crimes and crimes against humanity. The allegations are extensive, as discussed in a lengthy statement released by the Prosecutor, although the application itself is not yet public.  The decision has major implications for the devastating conflict still raging in Gaza; and for how the Court interacts with nations across the world. In Washington, the arrest warrants are certain to threaten recent increased cooperation with the Court, and efforts to prosecute Russian officials for war crimes and crimes against humanity committed in Ukraine could also be jeopardized. Joining the show to discuss Khan’s request and its potential consequences are Todd Buchwald, Tom Dannenbaum, and Rebecca Hamilton. Todd formerly served as Ambassador and Special Coordinator for the State Department’s Office of Global Criminal Justice. 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. Rebecca is a law professor at American University and an Executive Editor at Just Security.Show Notes:Tess Bridgeman (@bridgewriter)Todd BuchwaldTom Dannenbaum (@tomdannenbaum) Rebecca Hamilton (@bechamilton) Paras Shah (@pshah518) Just Security’s Symposium “The International Criminal Court and Israel-Hamas War”Tom’s Just Security article “Nuts & Bolts of Int’l Criminal Court Arrest Warrant Applications for Senior Israeli Officials and Hamas Leaders” Rebecca, Tess, and Ryan Goodman’s article “Timeline of Int’l Crim Court Arrest Warrants for Gaza War: What Comes Next and How We Got Here” Just Security’s Gaza coverageJust Security’s International Criminal Court coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)