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International Law (Treaties, Intergovernmental Relations)

Foreign Government Partnerships - Podcast

International & National Security Law Podcast
Ryan C. Crocker, William K Lietzau, Salli A. Swartz, Adam R. Pearlman March 15, 2017

Historically, protecting national security meant protecting one’s own citizens and sovereign territory from the threats or opposing interests of other nation-states. The concept has broadened, however, as transnational terrorists act with unprecedented scale and range: the threats they pose are of a magnitude previously only possible for nation-states, and they act indiscriminately among the several countries they feel justified in attacking. The United States’ interest in defeating these actors, then, is one that is shared by many other countries that are not necessarily our allies in a larger sense.

In this the final episode of our three-part Security Partnership Series, we discussed the benefits and limits of partnerships with foreign government agencies for counterterrorism purposes. What conditions form the basis of a productive partnership?  How might such partnerships compromise our operations? How do we decide how much information to share?  Does partnering with a foreign country’s intelligence agency limit our own independent intelligence gathering capabilities?  Perhaps most controversially – what limits can or should be imposed on the methods used to collect the counterterrorism intelligence to be shared? Of the foreign governments that have publicly complained about the United States’ use of certain signals intelligence capabilities, do their intelligence agencies nevertheless desire the information collected? Likewise, although the United States has banned certain interrogation methods domestically, might our intelligence agencies nevertheless want to obtain human intelligence information gathered by foreign agencies using those or other similar methods?

Featuring:

  • Amb. Ryan C. Crocker , Dean of the Bush School of Government and Public Service, Texas A&M University
  • William K Lietzau, Vice President, Deputy General Counsel, PAE 
  • Salli A. Swartz, Partner, Artus Wise Partners 
  • Moderator: Adam Pearlman, Special Advisor to the International and National Security Law Practice Group 

Courthouse Steps: Hernandez v. Mesa - Podcast

International & National Security Law Podcast
Steven Giaier March 08, 2017

On February 21, the Supreme Court heard argument in Hernandez v. Mesa. In July of 2010, a 15-year-old adolescent named Sergio Adrian Hernandez Guereca and his friends were playing along a concrete structure on the border of the U.S. and Mexico. When Jesus Mesa, Jr., a U.S. Border Patrol Agent arrived, he detained one of the youths on the border, and shot and killed Hernandez, who was hiding behind a pillar of the Paso Del Norte Bridge on the Mexican side of the border. Hernandez’s parents sued Agent Mesa under the Fourth and Fifth Amendment for the use of unlawful and disproportionate force. Agent Mesa argued that the Fourth and Fifth Amendments did not apply because Hernandez was not a U.S. citizen.

The District Court found for Agent Mesa, while the U.S. Court of Appeals for the Fifth Circuit held that the Fifth Amendment protections against deadly force applied but the Fourth Amendment did not, and that Agent Mesa should not receive qualified immunity. The main questions for the Supreme Court to answer are: Does the Fourth Amendment apply? Should qualified immunity apply to the border patrol agent? And can Agent Mesa make a Bivens claim?

Steve Giaier of the House Committee on Homeland Security attended oral argument and shared his perceptions.

Featuring:

  • Steven Giaier, Senior Counsel, House Committee on Homeland Security

Supreme Court Preview: Hernandez v. Mesa - Podcast

International & National Security Law Practice Group Podcast
Andrew Kent, Stephen I. Vladeck February 13, 2017

On February 21, the Supreme Court will hear argument in Hernandez v. Mesa. In July of 2010, a 15-year-old adolescent named Sergio Adrian Hernandez Guereca and his friends were playing along a concrete structure on the border of the U.S. and Mexico. When Jesus Mesa, Jr., a U.S. Border Patrol Agent arrived, he detained one of the youths on the border, and shot and killed Hernandez, who was hiding behind a pillar of the Paso Del Norte Bridge on the Mexican side of the border. Hernandez’s parents sued Agent Mesa under the Fourth and Fifth Amendment for the use of unlawful and disproportionate force. Agent Mesa argued that the Fourth and Fifth Amendments did not apply because Hernandez was not a U.S. citizen. The District Court found for Agent Mesa, while the U.S. Court of Appeals for the Fifth Circuit held that the Fifth Amendment Protections against deadly force applied but the Fourth Amendment did not, and that Agent Mesa should not receive qualified immunity.

Professor Andrew Kent of Fordham University School of Law and Professor Stephen I. Vladeck of UT Austin Law School joined us to examine the case and its implications for extraterritorial application of the Bill of Rights and for qualified immunity.

Featuring:

  • Prof. Andrew Kent, Professor of Law, Fordham University School of Law
  • Prof. Stephen I. Vladeck, Professor of Law, The University of Texas at Austin School of Law

 

The UNSCR 2334 Against Israel: What Is President Trump To Do? - Podcast

International & National Security Law Practice Group Podcast
Bernard Avishai, Orde Kittrie, Eugene Kontorovich January 30, 2017

Since the Obama administration abstained from the United Nations Security Council vote on Resolution 2334 that condemns Israeli settlements in the West Bank and Jerusalem, there has been much speculation as to the force, effect, and consequence of this Resolution. There are many concerns, including that this United Nations declaration may enable boycotts of Israel and that the Palestinian government might attempt to utilize the pronouncement to bring Israel before the International Criminal Court. President Trump’s has stated that he intends to alter or blunt the instrument. What will be the effect of this United Nations censure, and what are the options available to President Trump? 

Featuring:

  • Prof. Bernard Avishai, Adjunct Professor of Business, Hebrew University of Jerusalem, Visiting Professor of Government, Dartmouth College 
  • Prof. Orde Kittrie, Senior Fellow, Foundation for Defense of Democracies, Professor of Law, Sandra Day O'Connor College of Law, Arizona State University
  • Prof. Eugene Kontovorich, Professor of Law, Northwestern Pritzker School of Law