Rebecca Ingber

@becingber.bsky.social

Law prof at Cardozo Law. Former U.S. State Dept a few times over. Writes on international law, war powers and national security, presidential power and bureaucracy. https://cardozo.yu.edu/directory/rebecca-ingber

The war with Iran is expanding to new fronts. @bcfinucane.bsky.social and I explore a longstanding tension between the traditional law of naval warfare and the UN Charter. -- Historically largely theoretical, but recent attacks on vessels flagged to third states are bringing it to a boiling point.

Just Security@justsecurity.org · 2mo ago

"The U.S. military’s enforcement of the ongoing naval blockade of Iran may have now resulted in fresh violations of the U.N. Charter against four entirely different countries." @bcfinucane.bsky.social(Brian Finucane) and @becingber.bsky.social(Rebecca Ingber) write:

The war on international law didn’t start with Trump. It’s been long in coming — and largely successful. My latest on what’s at stake, how we got here, and how we might start to rebuild:

NYU Law Democracy Project@democracyproject.bsky.social · 2mo ago

New "What's Next?" essay by @becingber.bsky.social—"The War on International Law in the United States: Rebuilding a Constituency for the Rule of Law" @nyulaw.bsky.social "What's Next?" offers reforms, critiques, proposals across the ideological spectrum Read democracyproject.org/posts/the-wa...

The ongoing campaign of killings at sea would be front page news every day if it weren’t for… all the other things. It still should be. And is ramping up. @becingber.bsky.social @bcfinucane.bsky.social @rachelgoldbrenner.bsky.social and I get you up to speed with our latest podcast installment 👇

Just Security@justsecurity.org · 3mo ago

The Just Security Podcast: Murder on the High Seas Part V With Co-Hosts @tessbridgeman.bsky.social and Rachel Goldbrenner (@rcls-nyu.bsky.social), and guests @becingber.bsky.social and @bfinucane.bsky.social www.justsecurity.org/138206/just-...

It's hard to believe how much has happened since we recorded our last installment of this series in December. War in Iran, Venezuela. But this President’s summary executions at sea continue, and have now killed almost 200 people. We unpack it all here:

Murder on the High Seas Part V

Podcast Episode · The Just Security Podcast · May 7 · 52m

podcasts.apple.com

Just Security@justsecurity.org · 3mo ago

The Just Security Podcast: Murder on the High Seas Part V With Co-Hosts @tessbridgeman.bsky.social and Rachel Goldbrenner (@rcls-nyu.bsky.social), and guests @becingber.bsky.social and @bfinucane.bsky.social www.justsecurity.org/138206/just-...

War Powers, Trump Admin edition: -It’s not war if they don’t make contingency plans -The war powers clock restarts if the Secretary of Defense picks a new name -International law is irrelevant if the president is relying on his internal moral compass

The Bulwark@thebulwark.com · 3mo ago

Q: "You've said that Operation Epic Fury is over…If the fighting resumes, are you saying it would resume under Project Freedom? I ask as it relates to the War Powers Act." Rubio: "Operation Epic Fury is concluded. We achieved the objectives of that operation."

With the War Powers Resolution's (WPR) 60-day clock running out for the #Iran war, let's clear up a few things: 1) The deadline for #Trump to get authorization from Congress was *before* he went to war. That is required by the Constitution, which gives that power to Congress, not the President.

War Powers Reminder: As the War Powers Resolution's 60-day clock runs out for Trump's #Iran war: - The WPR does not create a 60 day law free zone - The war *already* violates the Constitution & the UN Charter, that doesn't change on May 1 - When the clock runs, the war will be *triply illegal*

Congress must convene immediately to condemn Trump’s horrific threats against tens of millions of people and stop this unconstitutional war. We must prevent Trump from unleashing the catastrophic and illegal violence he is touting.

Bild
The New York Times@nytimes.com · 4mo ago

President Trump threatened on Tuesday to wipe out a “whole civilization,” as he ramped up pressure on Iran to fully open the Strait of Hormuz. Trump has set a deadline of 8 p.m. Eastern for Iran to end its effective blockade of the strait. Follow live updates. nyti.ms/4suBZS8

Is this some panacea? Of course not. But those who have power--even soft, indirect, or uncertain power, including the power to get noticed--have a responsibility to exercise it now. Dooming that it "won't work" is not constructive.

Where is the global outrage and condemnation as Trump threatens war crimes on a massive scale? Not just Iran, but the entire Int’l legal system is in peril. World leaders must take a stand.

Bild

If Trump bombs power plants in Iran, the humanitarian crisis will be horrific. Experts tell me to expect water shortages, closed hospitals, many deaths. “We’ve never had a US president so proudly promise to commit war crimes," Sen Chris Murphy says. 1/ (new piece) newrepublic.com/article/2087...

Trump Threatens to Kill Thousands More Iranians in Unnerving Tirades

In a blunt warning, Senator Chris Murphy tells us that “everybody in that chain of command has to think hard” about carrying out such a hideously inhumane order, which he described as “war crimes.”

newrepublic.com

The U.S. RUDs to the Genocide Convention state its understanding that “intent to destroy” requires “specific intent” and that acts committed within armed conflict w/out specific intent to destroy would not qualify as genocide. An intentionally high bar that the US President states intent on meeting.


ARTICLE I
The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
ARTICLE Il
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethni-cal, racial or religious group, as such:
(a) Killing members of the group;
(6) Causing serious bodily or mental harm to members of the group;
(e) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
ARTICLE III
The following acts shall be punishable:
(a) Genocide;
(6) Conspiracy to commit genocide;"(1) That the term 'intent to destroy, in whole or in part, a national, ethnical, racial, or religious group as such' appearing in article II means the specific intent to destroy, in whole or in substantial part, a national, ethnical, racial or religious group as such by the acts specified in article II.(4) That acts in the course of armed conflicts committed without the specific intent required by article Il are not sufficient to constitute genocide as defined by this Convention.
Aaron Rupar@atrupar.com · 4mo ago

Trump: “A whole civilization will die tonight, never to be brought back again. I don’t want that to happen, but it probably will … We will find out tonight, one of the most important moments in the long and complex history of the World. 47 years of extortion, corruption, and death, will finally end”

Trump: “A whole civilization will die tonight, never to be brought back again. I don’t want that to happen, but it probably will. However, now that we have Complete and Total Regime Change, where different, smarter, and less radicalized minds prevail, maybe something revolutionarily wonderful can happen, WHO KNOWS? We will find out tonight, one of the most important moments in the long and complex history of the World. 47 years of extortion, corruption, and death, will finally end. God Bless the Great People of Iran!”

Law aside, I think many — states, lay people, even IR experts — had trouble at first denouncing US aggression in (and on) Iran because the Iranian regime was so monstrous to its own people. But there should never have been any illusion — Trump did not launch this war to help the Iranian people.

Aaron Rupar@atrupar.com · 4mo ago

Q: How would it not be a war crime to strike Iran's bridges and power plants? TRUMP: Because they killed 45,000 in the last month. They kill protesters. They are animals.

3/ You can bet we'll add this to 5th edition of Presumption of Regularity study. Which tracks 90+ cases in which either court determined the Trump administration submitted false information or the administration admitted it. This one of the most significant. www.justsecurity.org/120547/presu...

The “Presumption of Regularity” in Trump Administration Litigation (4th edition)

Definitive, most comprehensive study of court cases involving Trump administration and the basis for courts no longer giving a "presumption of regularity."

justsecurity.org