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David Kaye Profile picture
@davidakaye
Sep 14, 2020 • 4 tweets • 3 min read • Read on X
the legal risks of arms sales are the least of it, when you consider the humanitarian disaster the US has facilitated in #Yemen. Still, this is shocking, a major story, & i concur w/the quotes attributed to @oonahathaway & @rgoodlaw. a further note or two.
with the advance of criminal/civil liability globally for war crimes, it's become essential for State Dept lawyers to lay out legal risks for policymakers. we did this in 2002, as i described in this thread.
we spent three pages on these kinds of concerns here: nsarchive2.gwu.edu/torturingdemoc… Image
the fact that State legal advice was minimized in context of arms sales to #SaudiArabia & #UAE isn't all that surprising. the allegation that a lawyer removed such advice would be malpractice, if not worse.

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More from @davidakaye

David Kaye Profile picture
Mar 28, 2023
BIG NEWS--> members of congress call on @POTUS to study creation of an American National Human Rights Institution. @RepMcGovern @RepKatiePorter @IlhanMN @jamie_raskin @RepRashida @tokudaforhawaii @RepPressley @CoriBush @EleanorNorton aclu.org/letter/congres…
anyone can join @ACLU action to support this initiative action.aclu.org/petition/bring…
this follows a major coalition letter to @POTUS in December aclu.org/press-releases…
Read 4 tweets
David Kaye Profile picture
Nov 3, 2022
Twitter has had a good run. Lots of people around the world have enjoyed the ability to call out corruption & abuse while tagging the abusers; previously unheard voices developed huge followings (for better or worse).
But the new owner's lack of seriousness & forethought, and an almost exclusive focus on the US context, makes me doubt that it will survive to do all that, at least globally. It may not die, but ppl will find others ways to engage.
i would be especially concerned if i were a user in a repressive environment. musk has done nothing to encourage people to believe they remain safe & that twitter will have their backs. worst, though, is that he hasn't seemed to consider the risks users face.
Read 5 tweets
David Kaye Profile picture
Sep 21, 2022
strong words from @POTUS at #UNGA today on human rights. much to admire, & yet...how much does the United States really use the Universal Declaration on Human Rights to "measure ourselves"? whitehouse.gov/briefing-room/…
this is as much about us as it is about the rest of the world & I'm glad @POTUS concluded the way he did
and to its credit, the United States actively participates in the [very few] treaty bodies to which it is a party, rejoined the @UN_HRC, leads on some key issues.
Read 6 tweets
David Kaye Profile picture
Aug 19, 2022
this UK ruling, enabling a #Pegasus case to move forward against #SaudiArabia, is a *very big deal* as a matter of law, a blow against states seeking judicial protection against victims of their transnational repression. a preliminary-thoughts 🧵 theguardian.com/world/2022/aug…
the legal question was, in part, whether the UK courts should follow U.S. court holdings that, for an exception to sovereign immunity to be applicable (i.e., to allow a suit against a state), the 'whole tort' had to take place in the UK.
the 'whole tort' principle, in an age of transnational digital repression, makes little sense and effectively denies victims of surveillance a remedy when the perp is a state, as here (#SaudiArabia using #Pegasus against a human rights defender).
Read 10 tweets
David Kaye Profile picture
Jul 19, 2021
how should the international community constrain the private #spyware industry? @MarietjeSchaake & i offer some ideas, a framework for global regulation. washingtonpost.com/opinions/2021/…
few people have been tracking the global spyware problem as long as @MarietjeSchaake. see this from 2011! huffpost.com/entry/stop-dig…
for a longer study of the industry and tools to address it, see my report to the UN in 2019, dealing with export reg, legal change, the vulnerabilities market, more. undocs.org/A/HRC/41/35
Read 4 tweets
David Kaye Profile picture
Jul 18, 2021
story after story today expose the abuse of spyware technology developed & sold by #NSOGroup, authorized for transfer by #Israel. read, e.g., @skirchy here: theguardian.com/world/2021/jul…
and @danapriest @craigtimberg @smekhennet here washingtonpost.com/investigations…
and this key @jsrailton explainer/thread/compilation here
Read 4 tweets

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