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Describing the detention of enemy combatants at Guantanamo Bay (GTMO) as a "net loss" for the United States, John Bellinger '86, Legal Advisor to the Secretary of State, called for the new administration to close the beleaguered military base in a lecture sponsored by the International Law Journal on Friday, November 14.
Bellinger, who served as Senior Associate Counsel to the President and Legal Adviser to the National Security Council from 2001 to 2005, admitted that closing GTMO is easier said than done. Bellinger stated, "Most of these countries that the individuals at GTMO came from do not want their nationals back…and many of the detainees have the additional problem of coming from countries with human rights problems." Despite widely-reported use of extraordinary rendition, in which enemy detainees are sent to nations the U.S. has declared support torture, Bellinger insisted that without high-level assurances that the detainees will be treated humanely, the U.S. is not willing to release GTMO detainees to their home countries. Bellinger noted that the Secretary of State "has been leading negotiations with over two dozen countries trying to get them to take their nationals back and treat them with respect." Whatever solution President-elect Barack Obama '91 comes to, Bellinger stated that GTMO is clearly "topic A in Washington right now."
Another issue related to the closure of GTMO is the continued viability of the U.S. military commissions system. Describing himself as a "persistent critic of military commissions since the order came out in November 2001," Bellinger assessed that "on paper, the procedures [of military commissions post-Hamdan and the Military Commissions Act of 2006] are about 90% fine. They are fundamentally different from [those] created by executive order in November 2001." Bellinger asserted that the widely held view, especially in Europe, that the commissions constitute kangaroo courts is no longer accurate.
Indeed, Bellinger stated that the military commissions "are being applied by the military lawyers and judges who have a real personal and institution interest in proving to the word that our military can get this right," and have been, "bending over backwards…to provide fair trials."
In addition to the improvement of military commissions procedure, Bellinger warned that a shift to domestic criminal courts would be extremely difficult, largely because many of the detainees committed crimes beyond the reach of federal courts.
For example, Bellinger stated, there is no extra-territorial reach of material support statutes. "President Obama is going to face some very difficult decisions. What is going to happen when the intelligence agencies think some of these people are incredibly dangerous, but there is no evidence that can be used?"
In addition to GTMO, Bellinger touched on two other international law issues facing the incoming administration. First, he referenced the case of Medellin v. Texas, which concerned the President's authority to direct states to comply with the orders of international tribunals. In Medellin, a case in which the U.S. admitted to a breach of the Vienna Convention on Consular Relations, the Supreme Court held that the President lacked the authority to direct states to review state court decisions as a result of a decision of the International Court of Criminal Justice.
Despite this ruling, Bellinger noted that the "Secretary of State and Attorney General wrote to Governor Rick Perry of Texas, urging him to give effect to the nation's international obligations."
Securing the Governor's support was crucial, given the U.S. desire to enjoy reciprocal protections from other nations. Obama will also have to grapple with the International Criminal Court, to which the U.S. is not a party. Bellinger stated that despite the perception "particularly in Europe, that the U.S. did not believe in international Law because it was not a party to the ICC...we hold the same fundamental goal...end[ing] immunity for those who have committed war crimes."
Indeed, Bellinger noted that the U.S. has become one of the ICC's "principal defenders." While many European nations wanted to defer the prosecution of President Omar al-Bashir of Sudan, for war crimes associated with the genocide in Darfur, the U.S. urged the prosecution to go forward as planned. Ultimately, Bellinger warned, Europe should not expect "a complete 180" on the issue when Obama is inaugurated.
Responding to a question about the usefulness of academic work on international law, Bellinger stated, to chuckles from the audience, "most of it is not useful…you cannot write intelligently about these issues unless you understand the constraints government is under."
Lastly, Bellinger implored HLS students to apply for work within the State Department, calling it, "the place to go if you want to practice international law in Washington." He lauded the Department's recent success in negotiating a $1.5 billion settlement with Libya as "one of the most extraordinary feats I have seen in government."
My wife's father is hessaby as in www.hessaby.com (they stole his cash and put it there) and my mother-in-law family is related by marriage tot the Pakravans., who headed the SAVAKPan Am was nicknamed PanIran as the Shah's family was the largest shareholder. I have extreme amount of details of exactly was going on
from the Iranians wanting him to return their assets to other coup attempts to 6 months before the Shah son pretended he was bankrupt in a public trial, to my wifes relative coming to our house talking about the coup and we did not know they were in Washington DC, to the Iran Contra hearings trial that was going to start Feb 20 th, 1989 to the tipping of the coup to the Iranian govt, ,to something in writing I can prove the coup to the Salamon Rushtie Feb 14th insult to islam to get the people on the street to avoid the coup to the Iranian govt announcement of a coup by 'dissent mullahs' announced at the time to the negiotations between the Bush people involved pretending they were going to make a deal to the 'nice' stories plant in US newspapers at the time (including the Post) as part of the negotation to the fact the bomb had to placed out of London based on the flight path as I worked at USAir at the time creating the flight plans for the 'planes to fly themselves' to overt CIA agents around me at the time to the fact that Bollier, the guy who made the timer for the bomb's wide was IRANIAN and the Libyans told me and said they were not allowed to say... there were 3 witness only.. the main one was trashed.. Bollier and a guy whom said he soldm the Libyan a suitcase in Malta.. hence, one the suitcase guy would be left.. the Libyans did not put up a defence in exchange for evidence to trash the main witness on the stand to what an overt CIA agent told me in the US 4 years later.. etc. etc and the details of several coups to the new World bank (my wie's cousin involved who used to work at the work bank)and US loans starting May 1990 to Iran to the fact that PANAm was shut down 18 months later as they thought it would be targeted again because of the Shah connection (the US airlines go in and out of bankruptcy all the time - this was the one of the first US airlines - an ICON) etc
I also know where the Iranian govt officials have money in the US, Canada and UK; the back door dealing etccall me for details.. Barry Lanza 00 44 1786831554.. My father-in-law was a convicted spy given amnesty