Oona Hathaway

Foreign Affairs @foreignaffairs.bsky.social [ View ] Apr 29, 2024 at 13:04 UTC

The United States’ actions since 9/11 have chipped away at the protections for civilians established after World War II, writes @oonahathaway.bsky.social. Now, Washington must change tack to better protect civilians in war and enforce constraints on the use of force.

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Oona Hathaway @oonahathaway.bsky.social [ View ] Apr 29, 2024 at 12:19 UTC

New article: "'Mistakes' in War," coauthored with Azmat Khan, whose series in the New York Times, "The Civilian Casualty Files," won the Pulitzer Prize. Forthcoming in the University of Pennsylvania Law Review.

Read it here:

papers.ssrn.com/sol3/papers....

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Oona Hathaway @oonahathaway.bsky.social [ View ] Apr 24, 2024 at 06:36 UTC

That means a lot, Chimene. Thanks!

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Oona Hathaway @oonahathaway.bsky.social [ View ] Apr 23, 2024 at 15:09 UTC

Here is my effort to grapple with what has been happening in Gaza and what it means for international humanitarian law:

www.foreignaffairs.com/ukraine/war-...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Mar 29, 2024 at 11:13 UTC

A big decision from the ICJ just out:

It orders Israel to "ensure . . . the unhindered provision . . . of urgently needed basic services and humanitarian assistance" and to ensure that its military does not commit acts that violate the Genocide Convention.

www.icj-cij.org/sites/defaul...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Feb 20, 2024 at 14:19 UTC

Nearly two years after Russian invaded Ukraine, we launch a series @just_security on war reparations.

We argue for using collective countermeasures to continue to freeze Russian central bank assets until Russia meets its reparations obligations.

www.justsecurity.org/92460/how-to...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Feb 09, 2024 at 01:52 UTC

This is a good development. Long overdue, but good nonetheless.

"Biden says countries receiving U.S. weapons must adhere to international law"

www.washingtonpost.com/politics/202...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Feb 09, 2024 at 00:04 UTC

Spoke with PBS NewsHour tonight about the special counsel's decision not to charge President Biden for withholding classified documents. Take a Listen:

www.pbs.org/newshour/sho...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Feb 05, 2024 at 19:39 UTC

What happened with Ukraine's cases against Russia in the International Court of Justice last week and what are the implications for South Africa's case against Israel under the Genocide Convention?

Here's my take:

www.justsecurity.org/91781/taking...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Jan 28, 2024 at 15:22 UTC

I spoke with the New Yorker's Isaac Chotiner about the order granting provisional measures in the case brought by South Africa in the International Court of Justice against Israel under the Genocide Convention. You can read the interview here:

www.newyorker.com/news/q-and-a...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Jan 27, 2024 at 21:08 UTC

So pleased to write this backgrounder on the International Court of Justice with the great Mariano-Florentino Cuéllar, President of the Carnegie Endowment for International Peace.

"The International Court of Justice’s Balancing Act"

carnegieendowment.org/2024/01/26/i...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Jan 26, 2024 at 21:24 UTC

Glad to have had the chance to be a part of this conversation about the ICJ's order on South Africa's application for provisional measures in its case against Israel. Take a listen.

www.buzzsprout.com/2074610/1438...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Jan 17, 2024 at 19:10 UTC

I joined Pod Save the World to talk about South Africa's case against Israel at the International Court of Justice alleging violations of the Genocide Convention.

Take a listen:

crooked.com/podcast/bide...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Jan 13, 2024 at 19:01 UTC

Glad to speak with Julian Marshall at the BBC NewsHour about Israel's presentation at the International Court of Justice yesterday, responding to South Africa's claims that it has violated the Genocide Convention.

Listen, starting around 32:00:

www.bbc.co.uk/sounds/play/...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Jan 12, 2024 at 17:24 UTC

Israel is has now offered its defense against South Africa's application in the International Court of Justice today. This response is particularly important, as there is no written submission from Israel. You can watch it here:
webtv.un.org/en/asset/k1c...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Jan 12, 2024 at 13:52 UTC

I was glad to talk with Nick Schifrin for PBS NewsHour's coverage of South Africa's case against Israel in the International Court of Justice.

You can watch here:

South Africa accuses Israel of genocide against Palestinians at top international court www.pbs.org/newshour/sho...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Jan 11, 2024 at 22:36 UTC

Powerful presentation by South Africa before the International Court of Justice today. In my view, the most powerful intervention was by Ms. Blinne Ní Ghrálaigh KC starting around 2:11, addressing the need for provisional measures. It's well worth watching.

webtv.un.org/en/asset/k11...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Jan 04, 2024 at 16:41 UTC

South Africa filed suit against Israel in the ICJ, accusing Israel of violating the Genocide Convention. In this article, Alaa Hachem and I explain the case, what to expect as it unfolds, and its possible broader legal effects, including for the United States.

www.justsecurity.org/91000/the-pr...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Dec 30, 2023 at 12:26 UTC

Janet Yellen said seizing Russian frozen assets was “not something that is legally permissible.” In light of reports that plans are moving ahead nonetheless, re-upping "National Security Lawyering in the Post-War Era: Can Law Constrain Power?"

papers.ssrn.com/sol3/papers....

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Oona Hathaway @oonahathaway.bsky.social [ View ] Dec 29, 2023 at 18:45 UTC

For background on erga omnes partes standing--the basis for South Affrica's application--take a look at this forthcoming article:

papers.ssrn.com/sol3/papers....

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Oona Hathaway @oonahathaway.bsky.social [ View ] Dec 29, 2023 at 18:45 UTC

The Republic of South Africa institutes proceedings against the State of Israel based on the Genocide Convention and requests the Court to indicate provisional measures

www.icj-cij.org/sites/defaul...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Dec 23, 2023 at 12:50 UTC

Beautiful morning in Vermont.

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Oona Hathaway @oonahathaway.bsky.social [ View ] Dec 19, 2023 at 22:13 UTC

Today's funeral service at the National Cathedral was lovely. The music, selected by Justice O'Connor more than 30 years ago (she was always well prepared!), was particularly beautiful.

O’Connor, a ‘Daughter of the American West,’ Is Honored in Washington
www.nytimes.com/2023/12/19/u...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Dec 19, 2023 at 21:07 UTC

The GAO just released a 100-page report on the possibility of creating a Congressional Office of Legal Counsel, a proposal I made in my article, "National Security Lawyering in the Post-War Era: Can Law Constrain Power?" papers.ssrn.com/sol3/papers....

Read it here:
www.gao.gov/assets/d2410...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Dec 18, 2023 at 17:34 UTC

It was poignant to visit the Supreme Court and see so many of Justice O'Connor's former clerks today, as well as her family. Re-upping this @nytimes piece, in which I share fond memories of my time clerking for her--and my concerns about her legacy.

www.nytimes.com/2023/12/03/o...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Dec 13, 2023 at 19:46 UTC

Just returned from an amazing few days in Lviv, Ukraine, where 75 international and 75 Ukrainian experts gathered to mark the 75th anniversaries of the UDHR & Genocide Convention. Being in Ukraine was a sobering reminder of how far we have to go to make the promises of these treaties a reality.

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Oona Hathaway @oonahathaway.bsky.social [ View ] Dec 11, 2023 at 12:55 UTC

This is almost certainly a violation of Common Article 1 of the Geneva Conventions, if true

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Oona Hathaway @oonahathaway.bsky.social [ View ] Dec 04, 2023 at 01:21 UTC

Thanks!

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Oona Hathaway @oonahathaway.bsky.social [ View ] Dec 03, 2023 at 14:09 UTC

My latest, in the New York Times:

I Clerked for Justice O’Connor. She Was My Hero, but I Worry About Her Legacy.

www.nytimes.com/2023/12/03/o...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Dec 01, 2023 at 16:31 UTC

It was a great honor to have the chance to work for and know Justice Sandra Day O'Connor. She will be deeply missed.

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Oona Hathaway @oonahathaway.bsky.social [ View ] Nov 30, 2023 at 02:28 UTC

"Henry Kissinger, War Criminal Beloved by America’s Ruling Class, Finally Dies"

www.rollingstone.com/politics/pol...

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Oona Hathaway @oonahathaway.bsky.social [ View ] Nov 19, 2023 at 17:27 UTC

It was a lot of fun to speak at the Kennedy Center about how we teach leadership at Yale Law School. You can watch my talk, together with those of several of my amazing colleagues at Yale, here:

From Ideas to Impact: Developing Leaders to Serve Society
forhumanity.yale.edu/events/fhi-dc

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Oona Hathaway @oonahathaway.bsky.social [ View ] Nov 18, 2023 at 21:00 UTC

The plan to seize Russian assets doesn't stop there. There's now a bill in Congress to require the President to seize Iranian assets, patterned on REPO: congress.gov/bill/118th-c.... China is surely next. One can expect sovereign state assets to flee the U.S. once this gets started.

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